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Penta Pacific Realty Corporation Vs Ley Corp - MONTEJO

Penta Pacific Realty Corporation filed an ejectment case against Ley Construction and Development Corporation after Ley failed to pay amortizations on a leased property. The regional trial court affirmed the metropolitan trial court's ruling that it had no jurisdiction over the case as the complaint did not include the assessed value of the property. The Supreme Court held that courts cannot take judicial notice of a property's assessed or market value, and any case involving title to or possession of real property requires the assessed value to be stated in the complaint for the court to determine jurisdiction. Without the assessed value in the complaint, the case must be dismissed.

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150 views1 page

Penta Pacific Realty Corporation Vs Ley Corp - MONTEJO

Penta Pacific Realty Corporation filed an ejectment case against Ley Construction and Development Corporation after Ley failed to pay amortizations on a leased property. The regional trial court affirmed the metropolitan trial court's ruling that it had no jurisdiction over the case as the complaint did not include the assessed value of the property. The Supreme Court held that courts cannot take judicial notice of a property's assessed or market value, and any case involving title to or possession of real property requires the assessed value to be stated in the complaint for the court to determine jurisdiction. Without the assessed value in the complaint, the case must be dismissed.

Uploaded by

GLORILYN MONTEJO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Penta Pacific Realty Corporation vs.

Ley Construction And Development


Corporation
G.R. No. 161589; November 24, 2014

FACTS:
Penta Pacific leased its properties to Ley Construction. Both parties then entered
into a contract to sell. Ley Construction failed to pay its amortizations prompting Penta
Pacific to file an action for ejectment.
The CA affirmed the ruling of the RTC that the MeTC had no jurisdiction over the case.

ISSUE:
W/N the courts can take judicial notice of the assessed or market value of the
realty if value of the realty is not found in the complaint in the case at bar.

HELD:
No. The courts cannot take judicial notice of the assessed or market value of the
realty.
The allegation of the assessed value of the realty must be found in the complaint,
if the action (other than forcible entry or unlawful detainer) involves title to or possession
of the realty, including quieting of title of the realty. If the assessed value is not found in
the complaint, the action should be dismissed for lack of jurisdiction because the trial
court is not thereby afforded the means of determining from the allegations of the basic
pleading whether jurisdiction over the subject matter of the action pertains to it or to
another court. Courts cannot take judicial notice of the assessed or market value of the
realty.

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