REMEDIAL LAW | Samson vs Gabor (2014) G.R. No. 182970, July 23, 2014

Samson vs Gabor (2014)

G.R. No. 182970, July 23, 2014


FACTS: Spouses Gabor is the owner of the subject parcel of land located in Tanay. Spouses. Gabor executed a Deed of Assignment in favor of Samson as attorney's fees. Samson in turn, executed a Deed of Assignment in favor of Ramos, transfering the undivided portion of the parcel of land. Upon learning of the same, Spouses Gabor filed an action for legal redemption. Samson and Ramos thereafter rescinded their agreement. The trial court dismissed the action for legal redemption which resversed by the CA and became final. Later, Samson filed an action for partition of real property which was denied on the ground of res judicata. Samson, filed annother action for recovery of property or its value before RTC of Pasig. The RTC of Pasig dismissed the same for improper venue. Samsom argued that the action is real or personal in alternative, hence may be filed before RTC of Pasig or RTC of Tanay. Whether or not the action of Samson si Real action.


Ruling: Yes. In this jurisdiction, we adhere to the principle that the nature of an action is determined by the allegations in the Complaint itself, rather than by its title or heading. It is also a settled rule that what determines the venue of a case is the primary objective for the filing of the case. 


Here, while the complaint of the petitioner was denominated as one for "Recovery of Property or its Value," all of his claims are actually anchored on his claim of ownership over the one-third (1/3) portion of the subject property. In his complaint, petitioner sought the return of the portion of the subject property or its value on the basis of his co-ownership thereof. Necessarily, his alternative claim for the value of the property is still dependent on the determination of ownership, which is an action affecting title to or possession of real property or an interest therein. Clearly, petitioners claim is a real action which should have been filed in the court where the property lies, which in this case, is the RTC of Morong, Rizal.








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