G.R. No. 214803 - ALONA G. ROLDAN, VS. SPOUSES CLARENCE I. BARRIOS AND ANNA LEE T. BARRIOS, ROMMEL MATORRES, AND HON. JEMENA ABELLAR ARBIS, IN HER CAPACITY AS PRESIDING JUDGE, BRANCH 6, REGIONAL TRIAL COURT, AKLAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed that upon due notice and hearing, judgment be rendered ordering defendants SPS. CLARENCE I. BARRIOS and ANNA LEE T. BARRIOS: 1. To pay unto the court within the reglementary period of ninety days the sum of P250,000.00 together with the stipulated interest at five percent (5%) per month starting from February 2011 to the present, plus the additional sum of P25,000.00 the total amount due for attorney's fees; litigation expenses and costs; and that in default of such payment, the above-mentioned property be ordered sold to pay off the mortgage debt and its accumulated interest; 2. To teach the defendants a lesson for having mortgaged the property subject of this suit without plaintiffs consent or knowledge, the defendants be ordered to pay the plaintiff the sum of P50,000.00 as exemplary damages. 3. That plaintiff be granted such other relief in law and equity. [4] Respondents spouses Barrios filed their Answer [5] with Special and Affirmative Defenses contending that the computation of their alleged loan obligation was not accurate; that they had filed with the RTC a petition for rehabilitation of a financially distressed individuals under Special Proceeding No. 9845, thus there is a need to suspend the foreclosure proceedings. On the other hand, respondent Matorres filed his Answer [6] with Special and Affirmative Defenses admitting that the subject land was mortgaged to him; that he had also filed a judicial foreclosure case against respondents spouses Barrios pending with the RTC of Kalibo Aklan, Branch 6, docketed as Civil Case No. 9642; that petitioner had no cause of action against him as they did not have any transaction with each other; and prayed for damages and attorney's fees, and cross-claim against respondent spouses for moral damages. On July 22, 2014, the RTC issued the assailed Order as follows: Civil Cases Nos. 9642 and 9811 are complaints for Foreclosure of Real Estate Mortgage that involved the same property, Lot 5891-A-4, situated in Baybay, Makato, Aklan, owned by Spouses Clarence Barrios and Anna Lee Barrios. It appearing from the complaint that the assessed value of the property mortgaged is only P13,380.00 and the instant cases being a real action, the assessed value of the property determines the jurisdiction. The assessed value of the property involved being below P20,000.00, it is the first level court that has jurisdiction over the cases. Premises considered, for lack of jurisdiction, Civil Cases Nos. 9642 and 9811 are ordered DISMISSED without prejudice. SO ORDERED.