BALIBAGO FAITH BAPTIST CHURCH INC, (BFBC) and PHILIPPINE BAPTIST S.B.C. Inc.

(PBSBC),

Versus

FAITH IN CHRIST JESUS BAPTIST CHURCH (FCJBC) and REYNALDO GALVAN.

G.R. No. 191527, August 22, 2016

Facts:

Plaintiff PBSBC granted a contract of simple loan to plaintiff BFBC for the latter’s purchase of the
former’s property and BFBC started to possess the same and hold their religious activities thereat.

While BFBC was in possession of the property, defendants Galvan, et.al, joined the regular
services of plaintiff BFBC. It turned out that defendants have an interest in the property and they
formed and incorporated defendant FCJBC and took control of the property.

This prompted FBSBC and BFBC to file an action for unlawful detainer against FCJBC and Galvan
before the MTC.

Issue:

WON the MTC has jurisdiction over the case considering the characterization of the case by the
plaintiff in his pleading is one of unlawful detainer and considering further that the nature of the
action is one of forcible entry.

Ruling:

No, the MTC has no jurisdiction over the case. The case is one of forcible entry.

Sec. 1, Rule 70 of the ROC provides in part that, when the possession of any land or building is
unlawfully withheld after the expiration of the right to hold, the person being deprived may file any time
within 1 year in the MTC for restitution of such possession.

In this case, the nature of the cause of action which shows that the case is one of forcible entry
is controlling for determining the jurisdiction of the court, and not the characterization of the plaintiff of
its allegation which shows that it is one of forcible entry. Since the case is at bar is one of forcible entry,
the MTC has no jurisdiction over the case. The proper recourse is to file a plenary action to recover
possession before the RTC