505 Phil. 430
GARCIA, J.:
WHEREFORE, it is respectfully prayed that:On 25 August 1998, or before the petitioners could have submitted their responsive pleading, Manalo filed directly with the Branch Clerk of Branch 222 instead of with the Clerk of Court an Amended Petition for Mandamus with Revocation of Title and Damages,[4] thereunder impleading Stanford East Realty Corporation (Stanford), as additional respondent, it being alleged in the same amended petition that herein petitioner Amante Siapno as NTA Administrator, unlawfully executed a deed of sale over the same NTA property in favor of Stanford, on the basis of which the Register of Deeds of Las Piñas issued in Stanford's favor TCT No. T-4948 for said property. Manalo thus prayed in his amended petition for a judgment declaring the sale to Stanford and the latter's title as null and void and adjudging the petitioners liable to pay him P1,000,000.00 as moral damages; P1,000,000.00 as exemplary damages; P2,000,000.00 by way of actual damages; and P500,000.00 as and for attorney's fees. We quote Manalo's prayer in his amended petition:Petitioner further prays for such other reliefs as may be deemed, just and equitable in the premises.[3]
- Immediately upon filing of this petition, an order be issued requiring Corporate Secretary Lino Eugenio, Jr. or anyone acting in his behalf, to turn over to the Court all the minutes --- and other documents/vouchers including the partially signed Deed of Sale allied thereto --- of the meetings of the NTA Board of Directors wherein Resolutions Nos. 336-95- 339-95 and 341-95 were adopted, in order to insure preservation of their integrity;
- After hearing, to compel respondents [now petitioners] to honor, respect [and] implement NTA Board Resolutions Nos. 336-95, 339-95 and 341-95 by signing in behalf of NTA the prepared Deed of Sale covering the Prinza, Las Piñas property.
WHEREFORE, it is respectfully prayed of this Hon. Court thatOn 29 November 1995, petitioners filed their Answer With Counter-claim and Crossclaim, thereunder raising the defense, inter alia, that the suit filed by Manalo involves a conveyance of real property, hence the docket fee therefor should be based on the value of the real asset involved in the suit but which is not stated in Manalo's amended petition. And since Manalo has not paid the proper amount of docket fee for his amended petition, the trial court never acquired jurisdiction over the case.
IMMEDIATELY UPON FILING OF THIS PETITION
- A temporary restraining order be issued to all the respondents to stop and desist from making any transaction involving the subject property;
- An order be issued requiring Corporate Secretary Lino Eugenio Jr. or anyone acting or substituting in his behalf to turn over [to] the court all the minutes --- and other documents/vouchers including the partially signed Deed of Sale allied thereto -- of meetings of the NTA Board of Directors wherein Resolutions Nos. 336-95, 339-95 and 341-95 were adopted, in order to ensure preservation of their integrity;
AFTER NOTICE AND HEARING- A writ of preliminary injunction of the same tenor as in first prayer be issued;
- A decision rendered:
4.1 Compelling the respondent NTA officials to honor, respect and implement NTA Board Resolutions Nos. 336-95, 339-95 and 341-95 by signing in behalf of NTA the prepared Deed of Sale covering the Prinza, Las Piñas property;
4.2 Declaring as null and void the Deed of Sale executed by the NTA in favor of respondent Stanford and TCT No. 49418 issued in the latter's name on the basis thereof; 4.3 Ordering the respondents to jointly and severally pay the petitioner: P1 million as moral damages; P1 million as exemplary damages; P2 million as actual damages and P500,000.00 as attorney's fees.Petitioner further prays for such other reliefs as may be deemed just equitable in the premises.[5]
Simply put, the issue is: whether or not the trial court acted with or without jurisdiction in its Civil Case No. Q-95-24791. Upon the resolution of this issue rests the corollary question of whether or not the appellate court acted with grave abuse of discretion or in excess of jurisdiction in coming out with its challenged decision of 13 January 1998, sustaining the trial court's three (3) orders in the basic case for Mandamus With Revocation of Title and Damages in Civil Case No. Q-95-24791.I.
IN HOLDING, PER THE QUESTIONED DECISION DATED 13 JANUARY 1998, THAT RESPONDENT'S PETITION IN THE COURT OF ORIGIN IS A PERSONAL ACTION, NOT A REAL ACTION, THEREBY SANCTIONING THE COGNIZANCE BY THE COURT A QUO OF WHAT IS IN ESSENCE A REAL ACTION WITHOUT THE PAYMENT OF THE PRESCRIBED AND CORRECT DOCKET FEES THEREFOR, WHICH IS A CONDITION SINE QUA NON TO THE COURT'S ACQUISITION AND EXERCISE OF JURISDICTION.
II.
IN SANCTIONING AND APPROVING, IN CONTRAVENTION OF APPLICABLE JURISPRUDENCE AND IN CLEAR DEPARTURE FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS, THE DELIBERATE PLOY OF RESPONDENT IN STATING THE DAMAGES HE CLAIMS ONLY IN THE BODY BUT NOT IN THE PETITORY (PRAYER) PORTION OF THE PETITION TO EVADE PAYMENT OF THE CORRECT DOCKET/FILING FEES THEREFOR.
The Court cannot close this case without making the observation that it frowns at the practice of counsel who filed the original complaint in this case of omitting any specification of the amount of damages in the prayer although the amount of over P78 million is alleged in the body of the complaint. This is clearly intended for no other purpose than to evade the payment of the correct filing fees if not to mislead the docket clerk in the assessment of the filing fee. This fraudulent practice was compounded when, even as this Court had taken cognizance of the anomaly and ordered an investigation, petitioner through another counsel filed an amended complaint, deleting all mention of the amount of damages being asked for in the body of the complaint. It was only when in obedience to the order of this Court of October 18, 1985, the trial court directed that the amount of damages be specified in the amended complaint, that petitioners' counsel wrote the damages sought in the much reduced amount of P10,000,000.00 in the body of the complaint but not in the prayer thereof. The design to avoid payment of the required docket fee is obvious.The irrelevant circumstance that respondent Manalo subsequently paid additional filing fees in connection with his amended petition is of no moment. For, with the reality that his original petition suffered from the defect in its prayer vis a vis the amount of damages claimed, and, therefore, should not have been admitted, or, if already accepted, should have been ordered expunged from the records, the amended petition could have served no valid purpose because in law, there is, in the first place, no existing petition to be amended. Accordingly, it was error for the trial court to have entertained and assumed jurisdiction over the same by issuing the orders assailed in CA-G.R. SP No. 45434.
The Court serves warning that it will take drastic action upon a repetition of this unethical practice.
To put a stop to this irregularity, henceforth all complaints, petitions, answers and other similar pleadings should specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer, and said damages shall be considered in the assessment of the filing fees in any case. Any pleading that fails to comply with this requirement shall not be accepted nor admitted, or shall otherwise be expunged from the record. (Emphasis supplied)
A prayer for annulment or rescission of contract does not operate to efface the true objectives and nature of the action which is to recover real property. (Inton, et al., v. Quintan, 81 Phil. 97, 1948)Unfortunately, and evidently to evade payment of the correct amount of filing fee, respondent Manalo never alleged in the body of his amended petition, much less in the prayer portion thereof, the assessed value of the subject res, or, if there is none, the estimated value thereof, to serve as basis for the receiving clerk in computing and arriving at the proper amount of filing fee due thereon, as required under Section 7 of this Court's en banc resolution of 04 September 1990 (Re: Proposed Amendments to Rule 141 on Legal Fees).[7]
An action for the annulment or rescission of a sale of real property is a real action. Its prime objective is to recover said real property. (Gavieres v. Sanchez, 94 Phil. 760, 1954)
An action to annul a real estate mortgage foreclosure sale is no different from an action to annul a private sale of real property. (Muñoz v. Llamas, 87 Phil. 737, 1950).
While it is true that petitioner does not directly seek the recovery of title or possession of the property in question, his action for annulment of sale and his claim for damages are closely intertwined with the issue of ownership of the building which, under the law, is considered immovable property, the recovery of which is petitioner's primary objective. The prevalent doctrine is that an action for the annulment or rescission of a sale of real property does not operate to efface the fundamental and prime objective and nature of the case, which is to recover said real property. It is a real action.