June 5, 2017

G.R. No. 208450

SPS. ROBERTO ABOITIZ AND MARIA CRISTINA

CABARRUS, Petitioners
vs.
SPS. PETER L. PO AND VICTORIA L. PO, Respondents

x-----------------------x

G.R. No. 208497

SPS. PETER L. PO AND VICTORIA L. PO, Petitioners,

vs.
SPS. ROBERTO ABOITIZ AND MARIA CRISTINA CABARRUS,
JOSE MARIA MORAZA, AND ERNESTO ABOITIZ AND ISABEL
ABOITIZ, Respondents

An action for annulment of title questions the validity of the title

because of lack of due process of law. There is an allegation of nullity
in the procedure and thus the invalidity of the title that is issued.

The complaint of the Spouses Po asserted that they were the true
owners of the parcel of land which was registered in the name of the

Spouses Aboitiz.78 They alleged that they acquired the property from
Ciriaco, who acquired it from Mariano. 79 They claimed that the
Spouses Aboitiz had the property registered without their knowledge
and through fraud. 80 Thus, they sought to recover the property and
to cancel the title of the Spouses Aboitiz.81 Thus the prayer in their
Complaint stated:

WHEREFORE, premises considered, this Honorable Court is

respectfully prayed to render judgment in favor of plaintiffs and
against defendants, ordering the latter as follows:

1. To reconvey and/or return to plaintiffs Lot No. 2835 which is

the subject matter of this complaint;
 2. To declare as absolute nullity all the documents of sale
involving Lot 2835 in favor of defendants and such other
documents used in the improvident issuance of the Title in the
name of defendants, and to cancel said Title;

3. To pay jointly and severally the amount of ₱ 1,000,000.00 as

moral damages; ₱500,000.00 as actual damages; ₱ 100,000.00
as attorneys fees and ₱ 20,000.00 as litigation expenses.

Plaintiffs further pray for such other reliefs and remedies just and
equitable in the premises. 82

Section 19. Jurisdiction in civil cases. – Regional Trial Courts shall

exercise exclusive original jurisdiction:

(1) In all civil actions in which the subject of the litigation is

incapable of pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of,
real property, or any interest therein, where the assessed value
of the property involved exceeds Twenty thousand pesos
(P20,000.00) or for civil actions in Metro Manila, where such the
value exceeds Fifty thousand pesos (50,000.00) except actions
for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts;