3. Over the Res or Property in Litigation

Jurisdiction Over The Res or Property in Litigation

The court’s jurisdiction over the thing or property which is the subject of the action.

Jurisdiction over the res or property in litigation is acquired either by:

• Actual or constructive seizure of the property under legal process, whereby it is brought into the custody of the law; or
• As a result of the institution of legal proceedings, in which the power of the court is recognized and made effective. (Biaco v. Philippine Countryside Rural Bank, G.R., No. 161417, 2007).

It is sometimes a remedy of the plaintiff who cannot acquire jurisdiction over the person of a defendant. In that case, the action is converted from one in personam to one in rem. (Villareal v. CA, G.R. No. 107314, 1998).

If the action is in rem or quasi in rem, jurisdiction over the person of the defendant is not required. What is required is jurisdiction over the res although summons must be served upon the defendant in order to satisfy the requirements of due process. (Gomez v. CA, G.R. No. 127692, 2004).

The complaint to redeem a land subject of a free patent is a civil action incapable of pecuniary estimation. Jurisdiction of the court is determined by the allegations in the complaint and the character of the relief sought. His cause of action being one for specific performance, it is incapable of pecuniary estimation and cognizable by RTC. (Heirs of Bautista v. Lindo, G.R. No. 208232, 2014).

Two Stages

• Determination of whether or not a co-ownership exists, and if partition is proper; and

This involves a determination of whether the subject property is owned in common and whether all the co-owners are made parties in the case. (Lacbayan v. Samoy, G.R. No. 165427, 2011)

The order may also require an accounting of rents and profits recovered by the defendant. This order of partition is appealable. (Miranda v. CA, G.R. No. L-33007, 1976)

If not appealed, then the parties may partition the common property in the way they want. If they cannot agree, then the case goes into the second stage. However, the order of accounting may in the meantime be executed. (De Mesa v. CA, G.R. No. 109387, 1994)

• Accounting and actual partition of the property. (Maglucot-Aw v. Maglucot, G.R. No. 132518, 2000)

NOTE: Multiple appeals are allowed. (Roman Catholic Archbishop of Manila v. CA, G.R. No. 77425, 1991)

From the first or second stages BEFORE judgment of partition, appeal is by notice of appeal within 15 days or by record on appeal within 30 days from notice of court order. AFTER judgment is rendered, the remedy against a judgment of partition is only by notice of appeal within 15 day from receipt of judgment.

Jurisdiction Over the Res is Acquired Either

• By the seizure of the property under legal process, whereby it is brought into actual custody of the law; or
• As a result of the institution of legal proceedings, in which the power of the court is recognized and made effective.

Defendant

One who is in possession of the property who may either be a/an:

• Lessee;
• Sublessee; or
• Intruder.

Prior Physical Possession; Exception

General Rule: Prior physical possession is required for the action to prosper.

Exception: Possession can be acquired not only by material occupation, but also by the fact that a thing is subject to the action of one's will or by the proper acts and legal formalities established for acquiring such right. Because possession can also be acquired by juridical acts to which the law gives the force of acts of possession, e.g., donations, succession, execution and registration of public instruments, inscription of possessory information titles and the like, it has been held that one need not have actual or physical occupation of every square inch of the property at all times to be considered in possession. (Nunez v. SLTEAS Phoenix, G.R. No. 180542, 2010)

Confirmation of the Court Required

No proceeding had before or conducted by the commissioners shall pass the title to the property or bind the parties UNTIL the court shall have ACCEPTED the report of the commissioners and RENDERED JUDGMENT thereon.

RESOLVING DEFENSE OF OWNERSHIP

When the defendant raises the issue of ownership, the court may resolve the issue of ownership only under the following conditions:

• When the issue of possession cannot be resolved without resolving the issue of ownership; and
• The issue of ownership shall be resolved only to determine the issue of possession. (Sec. 16, Rule 70)

The assertion by the defendant of ownership over the disputed property does not serve to divest the inferior court of its jurisdiction. The defendant cannot deprive the court of jurisdiction by merely claiming ownership of the property involved. (Rural Bank of Sta. Ignacia v. Dimatulac, G.R. No. 142015, 2003; Perez v. Cruz, G.R. No. 142503, 2003)

What is NOT Considered Waste that can be Restrained

It is NOT waste for a person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption:

• To continue to use it in the same manner in which it was previously used; or
• To use it in the ordinary course of husbandry; or
• To make the necessary repairs to buildings thereon while he/she occupies the property. (Rule 39, Sec. 31)

Duties of the Sheriff

• The sheriff must serve a copy of the order on the adverse party, together with a copy of the application, affidavit, and bond;
• If the property is in the possession of the adverse party or his agent, the sheriff must forthwith take it and retain it in his custody;
• If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it not be delivered, he must cause the building or enclosure to be broken open and take the property into his possession;
• After the sheriff has taken possession of the property, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same. (Rule 60, Sec. 4)