MANILA RAILROAD V ATTY.

GENERAL
20 PHIL 523
MORELAND; December 11, 1911
NATURE
Appeal from CFI Tarlac’s judgment dismissing the action before it on motion of the plaintiff upon the ground that the court had no
jurisdiction of the subject matter

FACTS
- On Dec 1907, Mla Railroad Co. began an action in CFI Tarlac for the condemnation of 69,910 sq. m. real estate located in Tarlac.
This is for construction of a railroad line "from Paniqui to Tayug in Tarlac," as authorized by law.
- Before beginning the action, Mla Railroad had caused to be made a thorough search in the Office of the Registry of Property and
of the Tax where the lands sought to be condemned were located and to whom they belonged. As a result of such investigations, it
alleged that the lands in question were located in Tarlac.
- After filing and duly serving the complaint, the plaintiff, pursuant to law and pending final determination of the action, took
possession of and occupied the lands described in the complaint, building its line and putting the same in operation.
- On Oct 4, Mla Railroad gave notice to the defendants that on Oct. 9, a motion would be made to the court to dismiss the action
upon the ground that the court had no jurisdiction of the subject matter, it having just been ascertained by the plaintiff that the land
sought to be condemned was situated in the Province of Nueva Ecija, instead of the Province of Tarlac, as alleged in the complaint.
This motion was heard and, after due consideration, the trial court dismissed the action upon the ground presented by the plaintiff.

ISSUE/S
1. WON CFI Tarlac has power and authority to take cognizance of condemnation of real estate located in another province
2. WON Sec. 3771 of the Code of Civil Procedure and Act. No. 1258 are applicable and so the CFI has no jurisdiction

HELD
1.YES
Ratio Sections 55 and 562 of Act No. 136 of the Philippine Commission confer perfect and complete jurisdiction upon the CFI of
these Islands with respect to real estate in the Philippine Islands. Such jurisdiction is not made to depend upon locality. There is no
suggestion of limitation. The jurisdiction is universal. It is nowhere suggested, much less provided, that a CFI of one province,
regularly sitting in said province, may not under certain conditions take cognizance of an action arising in another province or of an
action relating to real estate located outside of the boundaries of the province to which it may at the time be assigned.

1
SEC. 377. Venue of actions. Actions to confirm title to real estate, or to secure a partition of real estate, or to cancel clouds, or remove doubts from
the title to real estate, or to obtain possession of real estate, or to recover damages for injuries to real estate, or to establish any interest, right, or title in
or to real estate, or actions for the condemnation of real estate for public use, shall be brought in the province were the lands, or some part thereof, is
situated; actions against executors, administrators, and guardians touching the performance of their official duties, and actions for account and
settlement by them, and actions for the distribution of the estates of deceased persons among the heirs and distributes, and actions for the payment of
legacies, shall be brought in the province in which the will was admitted to probate, or letters of administration were granted, or the guardian was
appointed. And all actions not herein otherwise provided for may be brought in any province where the defendant or any necessary party defendant
may reside or be found, or in any province where the plaintiff, except in cases were other special provision is made in this Code. In case neither the
plaintiff nor the defendant resides within the Philippine Islands and the action is brought to seize or obtain title to property of the defendant within the
Philippine Islands and the action is brought to seize or obtain title to property of the defendant within the Philippine Islands, the action shall be brought
in the province where the property which the plaintiff seeks to seize or to obtain title to is situated or is found: Provided, that in an action for the
foreclosure of a mortgage upon real estate, when the service upon the defendant is not personal, but is by publication, in accordance with law, the
action must be brought in the province where the land lies. And in all cases process may issue from the court in which an action or special proceeding
is pending, to be enforced in any province to bring in defendants and to enforce all orders and decrees of the court. The failure of a defendant to object
to the venue of the action at the time of entering his appearance in the action shall be deemed a waiver on his part of all objection to the place or
tribunal in which the action is brought, except in the actions referred to in the first sixteen lines of this section relating to real estate, and actions against
executors, administrators, and guardians, and for the distribution of estates and payment of legacies.
2
SEC. 55. Jurisdiction of Courts of First Instance. The jurisdiction of Courts of First Instance shall be of two kinds: 1. Original; and 2. Appellate.
SEC. 56. Its original jurisdiction. Courts of First Instance shall have original jurisdiction:
2. In all civil actions which involve the title to or possession of real property, or any interest therein, or the legality of any tax, impost, or assessment,
except actions of forcible entry into, and detainer of lands or buildings, original jurisdiction of which is by this Act conferred upon courts of justice of the
peace.