REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL TRIAL COURT
BRANCH 1, CAVITE

JONES PAUL VARGAS,

Petitioner,

- versus - Civil Case No. 6969

For: Notice of Appeal

ROMMARIE ANGELI DELA ROSA,

Respondent.

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COMMENT

Respondent, by and through the undersigned counsel, unto this

Honorable Court, most respectfully submits this Comment to the Notice
of Appeal filed by Petitioner and in support respectfully allege, to wit:

1. Last 12 May 2019, the Court issued an Order requiring Respondent to

comment on the Notice of Appeal filed by Petitioner on the 25 April
2019 Decision dismissing the claim of latter for lack of jurisdiction;

2. The Notice of Appeal is defective on its face as an appeal is an

improper remedy;

The Rule of Procedure for Small Claims Cases provide:

“Section 23. Decision. – After the hearing, the court shall

render its decision on the same day, based on the facts
established by the evidence. The decision shall immediately
be entered by the Clerk of Court in the court docket for civil
cases a copy thereof forthwith served on the parties.

The decision shall be final and unappealable.”

3. The filing of the Petitioner of a Notice of Appeal is an exercise or
availment of the wrong remedy as it is clearly provided in the
abovementioned rule that decisions promulgated by the courts
under the Rules of Procedure for Small Claims is unappealable;

4. The 25 April 2019 Decision of the Court is correct;

The dismissal of the claim is warranted as the court to

which the action was filed clearly lacks jurisdiction. The
Rules of Procedure of Small Claims Cases, as amended,
provides that this Rule shall govern the procedure in action
before the Municipal Trial Court for payment of money
where the value of the claim does not exceed Php
300,000.00 exclusive of interest and cost.

Further, BP 129, as amended, also provides that

Municipal Trial Courts shall:

“Exercise exclusive original jurisdiction over civil

actions and probabte proceedings, testate and intestate,
including the grant of provisional remedies in proper cases,
where the value of the personal property, estate, or amount
of the demand does not exceed Php 300,000.00 or, in Metro
Manila where such personal property, estate, or amount of
demand does not exceed Php 400,000.00, exclusive of
interest, damages of whatever kind, attorney’s fees,
litigation expenses, and costs”

5. In this case, the claim of Petitioner valued at Php 310,000.00 was

filed before the Municipal Trial Court of Cavite. The jurisdiction of
the first level courts in Cavite, being outside Metro Manila, is only up
to Php 300,000.00. It is, therefore, true that MTC clearly has no
jurisdiction over the matter as the value of the claim is beyond the
jurisdiction amount conferred by law to the said court.

In view of the above-discussed considerations, it is most respectfully

submitted that the Petitioner has no grounds to file a Notice of Appeal.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court that the Notice of Appeal be denied.
 Other reliefs just and equitable are likewise prayed for.

Respectfully submitted.

August 19, 2019, Quezon City

Atty. Angelica Ernestine L. Baroña

Counsel for Petitioner
89 Mindanao Ave. Quezon City
Attorney’s Roll No. 12345
IBP No. 123456; January 1, 2019; Quezon City
PTR No. 123456; January 1, 2019; Quezon City
MCLE No. 123456; January 1, 2022