G.R. No. 128922 -

Ruling

WHEREFORE, the Motion to Dismiss is denied." [6] On November 28, 1995, defendant Isidro Aliabo, Sr., filed an appeal to the Regional Trial Court [7] questioning the trial court's order denying the motion to dismiss. Meanwhile, Isidro Aliabo, Sr. died and was duly substituted by his heirs who are now petitioners in this case. On October 30, 1996, the Regional Trial Court rendered a decision dismissing the appeal. Thus- "The complaint in Civil Case No. 735 before the Municipal Trial Court of Siaton (Negros Oriental) now seeks to recover possession of Lot 2944-B for failure of the defendants-appellants to comply with the conditions alleged in said complaint which is involving title or possession of real property with an assessed value of less than P20,000.00 as shown in the alleged Tax Declaration No. 20-1095-A which falls within the exclusive original jurisdiction of the Municipal Trial Court of Siaton (Negros Oriental), (Section 33, B. P. Bilang 129 as amended, by R. A. 7691). "With respect to the ground that plaintiffs-appellees have violated Supreme Court Administrative Circular No. 04-94 on forum shopping, the same is without merit, considering that Lot 2944-B is not involved in Civil Case No. 8058. The lots involved in Civil Case No. 8058 are Lot 5758 and Lot 2944-A, while the lot involved in Civil Case No. 735 is Lot 2944-B. The involvement of Lot 2944-B in Civil Case No. 8058 is only with respect to the execution sale to satisfy the damage aspect of the decision in civil case, which execution proceedings has already been terminated. "Wherefore, premises considered, the appeal taken by defendants-appellants is hereby ordered dismissed and this case is remanded to the Municipal Trial Court of Siaton, Negros Oriental for further proceedings. "SO ORDERED.