570 Phil. 591
CARPIO MORALES, J.:
“Sec. 8. CLERKS of Metropolitan and Municipal Trial CourtsPetitioner argues that the applicable fee for ejectment cases pursuant to the above-quoted amended provision should not be computed on the basis of Section 8(b)(4) but on the graduated fees under Section 8(a). Petitioner rules out the applicability of Section 8(b)(4) to ejectment cases based on its interpretation thereof as covering only special proceedings.
(a) For each civil action or proceeding, where the value of the subject matter involved, or the amount of the demand, inclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs is:In a real action, the assessed value of the property or if not declared for taxation purposes, the assessed value of the adjacent lots, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
- Not more than P20,000.00 …………………………………………P120.00
- More than P20,000.00 but not more than P100,000.00 ……………..400.00
- More than P100,000.00 but not more than P200,000.00 ……………850.00
(b) For initiating proceedings for the allowance of wills, granting of letters of administration and settlement of estates of small value, where the value of the estate is:
- Not more than P20,000.00 …….…… 200.00
- More than P20,000.00 but not more than P100,000.00 …………....1,100.00
- More than P100,000.00 but not more than P200,000.00 ……...…...1,550.00
x x x x- For each proceeding other than the allowance of wills (probate), granting of letter of administration, settlement of estates of small value, one hundred and fifty (150.00) pesos.” (Emphasis and underscoring supplied)
SEC. 8. Judges of Metropolitan and Municipal Trial Courts. –If Section 8(a)(5) of the immediately quoted Rule 141 before its amendment no longer applied as of 1994 on account of its omission in A.C. No. 11-94, then the inevitable conclusion is that Sections 8(a)(6) of the same Rule before amendment fixing the fee for appeals from the MeTC and MTC, and 8(b) fixing the fee for marriage ceremonies, both of which provisions were similarly omitted in A.C. No. 11-94, are also no longer applicable. And if Section 8(b)(4) of the A.C. is interpreted narrowly so as to apply only to special proceedings, the result is that there would no longer be legal fees for appeals and marriage ceremonies after the issuance of said A.C. in 1994.
(a) For each civil action or proceeding where the value of the subject matter involved or the amount of the demand, exclusive of interest, and costs, is:(b) For the performance of marriage ceremony, including issuance of certificate of marriage, fifty (P50.00) pesos;
- Less than P5,000 ……………………………………. P80.00
- P5,000 or more but less than P10,000 ……………….. .100.00
- P10,000 or more but not exceeding P20,000 ………. 120.00
- For each proceeding including allowance of will, probate, settlement of estate of small value, one hundred and fifty (P150.00) pesos;
- For forcible entry and illegal detainer cases, one hundred (P100.00) pesos;
- For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from the Metropolitan and Municipal Trial Court, one hundred fifty (P150.00) pesos;
x x x x[2] (Emphasis and underscoring supplied)
"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:[6] B.P. No. 129, Section 33(2) previously read in its entirety as follows:"(1) Exclusive original jurisdiction over civil actions and probate 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 One hundred thousand pesos (P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: x x x
"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and
"(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 and underscoring supplied)
“(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.”