Republic of the Philippines

11th Judicial Region

XXXXXXXXX TRIAL COURT
XXXXXXXXX, Davao
- o0o -

XXXXXX XXXXXXX, CIVIL CASE NO. XXXX-19

Plaintiff,

-versus -

FOR: RECOVERY OF
POSSESSION WITH
DAMAGES AND
ATTORNEY’S FEES
XXXXXXXX XXXXXXXX,
Defendant.
x ---------------------------------------- /

COMMENT/OPPOSITION
(Motion to Declare Defendant in Default)

COMES NOW the Defendant, XXXXXXXXXXX, through the

undersigned counsel XXXXXXXXX, appearing especially and solely for this
purpose, and to this Honorable Court,most respectfully Comment or Oppose to the
Motion of the Plaintiff to Declare Defendant in Default based on the Complaint
since this court has no jurisdiction over the subject matter.

DISCUSSION

A cursory reading of the Complaint and of the Motion to Declare Defendant

in Default readily shows that this case is not within the exclusive original
jurisdiction of the Municipal Circuit Trial Court, Davao. Hence, the said motion of
the Plaintiffs counsel is irregular. The Defendant, through the undersigned counsel
respectfully avers that:

1. That initially, the Plaintiff asks for a Recovery of Possession of a real

property with a total assessed value of Forty Five Thousand Five
Hundred Seventy (P 45,570.00) Pesos based on evidence attached and
admission of the Plaintiff, to wit:
“xxx

11. That the assessed value of the land is P 24,180.00 as evidenced

by Tax Declaration No. xxxxxxxxxx, copy of which is hereto attached
as Annex “C”;
 12. That the assessed value of the building is P 21,390.00 as
evidenced by Tax Declaration No. xxxxxxxxxxxxxxx, copy of which
is hereto attached as Annex “D”;

xxx”

2. That Section 3 of Republic Act 7691 specifically provides that, to wit:

“xxx

Section 3. Section 33 of the same law is hereby amended to

read as follows:

"Sec. 33. Jurisdiction of Metropolitan Trial Courts,

Municipal Trial Courts and Municipal Circuit Trial Courts in
Civil Cases. – Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts shall exercise:

xxx

"(3) Exclusive original jurisdiction in all civil

actions which involve title to, or possession of, real
property, or any interest therein where the assessed value
of the property or interest therein does not exceed
Twenty thousand pesos (P20,000.00) or, in civil actions
in Metro Manila, where such assessed value does not
exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees,
litigation expenses and costs: Provided, That in cases of
land not declared for taxation purposes, the value of such
property shall be determined by the assessed value of the
adjacent lots." (Emphasis supplied)

3. That the Defendant respectfully submits that the court has no jurisdiction
over the subject matter since the assessed value of the land as well as the
building is more than Twenty Thousand (P 20,000.00) Pesos which are
well within the jurisdiction of the Regional Trial Court as provided by
law. As a consequence, the Motion of the Plaintiff’s counsel is
IMPROPER;

4. That the action of the Plaintiff in this particular case involves title to, or
possession of, real property, or any interest therein since it prays for the
recovery of possession of the subject matter. As a result, the jurisdiction
should be based on the value of the real property;

5. That the Defendant in this particular case went to this office to ask for
assistance just today and he needs time to assail the jurisdiction of this
 Honorable Court. Hence, he was not given the opportunity to present his
side;

WHEREFORE, premises considered, it is humbly and most respectfully

prayed that the COMMENT/OPPOSITION in the Civil Case No. XXX-19
entitled Xxxxxxxxxx vs. Xxxxxxxxxx be NOTED and CONSIDERED by this
Honorable Court.

Other reliefs which are just and equitable are likewise being prayed for.

Davao City, 18 September 2019

Assisted by:
XXXXXXXXXXXXXXXX
XXXXXXXXX
XXXXXXXXXXXXXXXX

Copy Furnished:
ATTY. XXXXXXXXXXXXX
Plaintiff’s counsel
Xxxxxxxxxxxxxxxxxxx

Xxxxxxxxxxxxxxxx
Plaintiff
Xxxxxxxxxxxxxxxxxxx