1 roldan vs barrios.pdf - 3/12/2021 SUPREME COURT REPORTS...

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3/12/2021SUPREME COURT REPORTS ANNOTATED 8621/10G.R. No. 214803.April 23, 2018.*ALONAG.ROLDAN,petitioner,vs.SPOUSESCLARENCE I. BARRIOS and ANNA LEE T. BARRIOS,ROMMEL MATORRES, and HON. JEMENA ABELLARARBIS, in her capacity as Presiding Judge, Branch 6,Regional Trial Court, Aklan, respondents.Remedial Law; Civil Procedure; Courts; Hierarchy of Courts;The judicial hierarchy of courts is not an ironclad rule. A strictapplication of the rule of hierarchy of courts is not necessary whenthe cases brought before the appellate courts do not involve factualbut legal questions.—Preliminarily, we need to point out thatgenerally a direct recourse to this Court is highly improper, for itviolates the established policy of strict observance of the judicialhierarchy of courts. Although this Court, the RTCs and the Courtof Appeals have concurrent jurisdiction to issue writs ofcertiorari,prohibition,mandamus,quo warranto,habeascorpusandinjunction,suchconcurrencedoesnotgivethepetitionerunrestricted freedom of choice of court forum. This Court is acourt of last resort, and must so remain if it is to satisfactorilyperform the functions assigned to it by the Constitution andimmemorial tradition. However, the judicial hierarchy of courts isnot an ironclad rule. A strict application of the rule of hierarchy ofcourts is not necessary when the cases brought before theappellate courts do not involve factual but legal questions. Sincepetitioner raises a pure question of law pertaining to the court’sjurisdiction on complaint for judicial foreclosure of sale, we wouldallow petitioner’s direct resort to us.Same; Same; Same; Jurisdiction; To determine whether acourt has jurisdiction over the subject matter of a case, it isimportant to determine the nature of the cause of action and of therelief sought.—Jurisdiction over the subject matter is the power tohear and determine cases of the general class to which theproceedings in question belong. It is conferred by law and anobjection based on this ground cannot be waived by the parties. Todetermine whether a court has jurisdiction over the subjectmatter of a case, it is important to determine the nature of thecause of action and of the relief sought.Same; Special Civil Actions; Foreclosure of Real EstateMortgage; In a real estate mortgage (REM) when the principalobligation is not paid when due, the mortgagee has the right toforeclose the mortgage and to have the property seized and soldwith the view of applying the proceeds to the payment of theobligation.—The RTC exercises exclusive original jurisdiction incivil_______________* SECOND DIVISION.
3/12/2021SUPREME COURT REPORTS ANNOTATED 8622/10319VOL. 862, APRIL 23, 2018319Roldan vs Barriosactions where the subject of the litigation is incapable ofpecuniary estimation. It also has jurisdiction in civil casesinvolving title to, or possession of, real property or any interest in

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Supreme Court of the United States, Appellate court

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