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SECOND DIVISION

G.R. No. 84330 May 8, 1991

RAMON Y. ASCUE, Petitioner, vs. HON. COURT OF APPEALS (8th Division) and RAMON ANTONIO, SALVADOR SALENGA and ULIPIA FERNANDEZ, Respondents.

R E S O L U T I O N chanrobles virtual law library

In this petition for review on certiorari, petitioner assails the decision * respondent Court of Appeals, dated 25 July 1988, rendered in CA-G.R. SP No. 12765, which affirmed the judgment of the Regional Trial Court of Manila, Branch 52, dismissing the appeal filed with the latter court for being premature and holding, in any event, that the proper remedy was a special civil action for certiorari.chanroblesvirtualawlibrarychanrobles virtual law library

The present case is related to G.R. No. 78438, ** as the two (2) cases arise from the same complaint filed by private respondents against the petitioner with the Metropolitan Trial Court of Manila, Branch 29.chanroblesvirtualawlibrarychanrobles virtual law library

The antecedent facts of this case as revealed by the records of the present petition and those of G.R. No. 78438, are as follows:

1. On 25 July 1986, private respondents (as plaintiffs) filed a complaint ¹ with the Metropolitan Trial Court of Manila, Branch 29, alleging therein the following: that private respondents Salvador Salenga, Ramon Antonio, and Ulipia Fernandez are the lessees of petitioner, occupying Nos. 948, 950 and 952 of the leased premises located in Pepin St., Sampaloc, Manila, respectively; that their respective monthly rentals thereon are P635.00, P950.00 and P950.00; that petitioner-defendant refused to collect the rentals for the months of May, June and July, 1986 except the P 1,500.00 which petitioner-defendant collected from respondent Antonio which represented rentals for the month of May, and one-half rental for June, 1986; that the aggregate amount (of) rentals that became due is P 5,625.00 which petitioner refused to receive; that hence, private respondents sought the consignation of the said amount with the metropolitan (trial) court;chanrobles virtual law library

2. The petitioner-defendant filed a motion to dismiss
complaint ²on the ground that it is the regional trial courts, not metropolitan trial courts, which have jurisdiction over consignation cases, the subject matter of litigation being incapable of pecuniary estimation;chanrobles virtual law library

3. In the Order of the metropolitan (trial) court, dated 17 October 1986, the motion was dismissed (denied), ruling that the amount consigned (i.e. P 5,625.00) being well below P 20,000.00, the inferior court had jurisdiction, besides which a motion to dismiss is a prohibited pleading. ³

4. Petitioner-defendant appealed the order to the Regional Trial Court of Manila, Branch 52, which, in its decision dated 20 March 1987 dismissed the appeal on the ground that it was premature and in any event, the remedy was a special civil action for certiorari; ⁴

5. On 23 June l987, petitioner-defendant filed with this Court, a direct appeal docketed (as) G.R. No. 78438, from the judgment of the RTC, Manila, Branch 52, dated 20 March 1987. ⁵ In the resolution dated 19 August 1987, this Court resolved "to REFER the case (G.R. No. 78438) to the Court of Appeals which has concurrent jurisdiction over the subject matter of the said petition, it appearing that no special and important reason had been cited to justify the Court's taking cognizance of the petition at the first instance.chanroblesvirtualawlibrarychanrobles virtual law library

6. Petitioner filed his motion for reconsideration of the resolution dated 19 August 1987, but which motion was denied by this Court in resolution dated 31 August 1988. Meantime, even before the Court resolved to deny the said motion, ⁶ the respondent Court of Appeals, in its decision dated 25 July 1988, dismissed the petition (G.R. No. 78438, which was docketed CA-G.R. SP. No. 12765).chanroblesvirtualawlibrarychanrobles virtual law library

7. On 9 September 1988, petitioner filed with this Court a petition for review on certiorari docketed G.R. No. 84330, questioning the aforesaid decision of the respondent Court of Appeals. ⁷chanrobles virtual law library

The appellate court in its now assailed decision ruled as follows: first, that the jurisdiction of a court in consignation cases depends on the amount consigned, consignation being merely a form of payment and the opposite of a demand by a creditor for payment; ⁸ second, that the RTC dismissed petitioner's appeal based on procedural rather than on substantive grounds, is of no moment, as what is decisive is that the complaint for consignation was filed in the proper court (Metropolitan Trial Court).chanroblesvirtualawlibrarychanrobles virtual law library

In the present petition (G.R. No. 84330), petitioner raises the following arguments, to wit:

A. The respondent Court of Appeals erred in holding that consignation cases fall within the jurisdiction of the Metropolitan Trial Courts and that the amount consigned determines said jurisdiction;chanrobles virtual law library

B. The respondent Court of Appeals erred in refusing to resolve the issue of whether or not appeal and not a special civil action is the proper recourse when a motion to dismiss grounded on lack of jurisdiction, is denied;chanrobles virtual law library

C. The respondent Court of Appeals erred in issuing its decision of July 25, 1988, in spite of its awareness of incidents still pending before this Honorable Supreme Court, thus inflicting upon the litigants the not inconsiderable burden of more expenses, duplication of pleadings and additional work-load on both court and parties. ⁹chanrobles virtual law library

The petition is not impressed with merit.chanroblesvirtualawlibrarychanrobles virtual law library

As to the first contention, petitioner submits that the action at bar is one for consignation, and it is the Regional Trial Court, ¹⁰ not the Metropolitan Trial Court, ¹¹ which has jurisdiction over the same, inasmuch as the subject matter of litigation is incapable of pecuniary estimation; and that the amount actually consigned (P 5,625.00 in this case) is of no moment.chanroblesvirtualawlibrarychanrobles virtual law library

We do not agree.chanroblesvirtualawlibrarychanrobles virtual law library

Consignation ¹² is the act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment and it generally requires a prior tender of payment. ¹³Two (2) of the requisites of a valid consignation are (1) that there is a debt due, and (2) the amount due is placed at the disposal of the court. ¹⁴ Thus, where no debt is due and owing, consignation is not proper. ¹⁵ In a valid consignation where the thing sought to be deposited is a sum of money, the amount of the debt due is determinable. Clearly, the subject matter (i.e. the amount due) in consignation cases is capable of pecuniary estimation. This amount sought to be consigned determines the jurisdiction of the court.chanroblesvirtualawlibrarychanrobles virtual law library

In the case at bar, the amount consigned being P5,625.00, the respondent metropolitan trial court correctly assumed jurisdiction over the same, in accordance with Section 33(l) of BP Blg. 129, previously quoted.chanroblesvirtualawlibrarychanrobles virtual law library

As to petitioner's arguments Nos. 2 and 3, considering the reasons for which G.R. No. 78438 was referred by this Court to respondent appellate court, as stated in the resolution of the Court dated 19 August 1987, and further taking into account that no reversible error was committed by respondent Court of Appeals, we find no compelling reason to overturn the riling in the questioned decision.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the decision of respondent Court of Appeals, dated 25 July 1988, rendered in CA-G.R. SP. No. 12765, which affirmed the judgment of the respondent Regional Trial Court of Manila, Branch 52, dated 20 March 1987 is hereby AFFIRMED, and the petition in this G.R. No. 84330 is accordingly DENIED. No costs.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Endnotes:

* Penned by Justice Serafin E. Camilon, with the concurrence of Justices Pedro A. Ramirez and Minerva P. Gonzaga-Reyes.chanrobles virtual law library

** entitled "Ramon Y. Ascue versus Hon. David G. Nitafan, in his capacity as Presiding Judge, Branch 52, RTC, Manila, and Ramon Antonio, Salvador Salenga, and Ulipia Fernandez.chanrobles virtual law library

1 G.R. No. 84330, Rollo, pp. 8 and 11.chanrobles virtual law library

2 G.R. No. 84330, Rollo, pp. 10-11.chanrobles virtual law library

3 Ibid., pp. 11-12; Court of Appeals (CA) decision dated 25 July 1988, Rollo,, p. 25.chanrobles virtual law library

4 G.R. No. 84330, Rollo, p. 40; CA decision, Rollo, p. 25.chanrobles virtual law library

5 G.R. No. 84330, Rollo, p. 2.chanrobles virtual law library

6 In resolution dated 5 October 1987 (rendered in G.R. No. 78438), the Court required respondent to file comment on petitioner's motion for reconsideration of the resolution dated 19 August 1987.chanrobles virtual law library

7 G.R. No. 84330, Rollo, p. 6.chanrobles virtual law library

8 citing "Quiazon, Philippine Courts and Their Jurisdictions." 1986 ed., p. 225.chanrobles virtual law library

9 Rollo, p. 12.chanrobles virtual law library

10 Section 19(l) of Batas Pambansa Blg. 129 provides that 'the Regional Trial Courts shall exercise exclusive original jurisdiction in all civil actions in which the subject of the litigation is incapable of pecuniary estimation.chanrobles virtual law library

11 Section 33(1) of Batas Pambansa Blg. 129 states that "Metropolitan Trial Courts, and Municipal Trial Courts shall exercise exclusive original jurisdiction over civil actions . . . where the amount of the demand does not exceed twenty thousand pesos exclusive of interests and costs . . . .chanrobles virtual law library

12 Article 1256 of the Civil Code enumerates the cases in which consignation may be availed of:

Article 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due.chanrobles virtual law library

Consignation alone shall produce the same effect in the following cases;

(1) When the creditor is absent or unknown, or does not appear at the place of payment;

(2) When he is incapacitated to receive the payment at the time it is due;

(3) When, without just cause, he refuses to give a receipt;

(4) When two or more persons claim the same right to collect;

(5) When the title of the obligation has been lost.chanrobles virtual law library

13 Soco vs. Militante, G.R. No. 58961, June 28, 1983,123 SCRA 160.chanrobles virtual law library

14 The other requisites are: that the consignation of the obligation had been made because the creditor to whom the tender of payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claimed to be entitled to receive the amount due; that the previous notice of the consignation had been given to the person interested in the performance of the obligation; and that after the consignation had been made the person interested was notified thereof. (Soco vs. Militante, supra).chanrobles virtual law library

15 Legaspi vs. Court of Appeals, G.R. No. L-45510, May 27, 1986, 142 SCRA 82.