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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An action for partition of a parcel of land is filed by two co-owners, Lilia and Carlo, against the registered owner Enrique who refuses to partition. The parcel is located in City of San Miguel and is titled solely in Enrique’s name. The market value of the land is ₱1,500,000. The case is filed in the Municipal Trial Court (MTC) of City of San Miguel. (a)Identify the proper court with original jurisdiction to hear this action and justify your answer based on the classification of Philippine courts. (b)Distinguish why the MTC is not the proper forum for this land-based action and state the controlling rule. (c)If the case was commenced in the MTC, what remedy should the plaintiffs seek to correct the forum and proceed in the proper court, and what order would the court ordinarily issue?

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