Flashcards Studio

An action for foreclosure of a mortgage on a parcel of land is filed in the Municipal Trial Court (MTC) of City Beta. The MTC dismisses the case for lack of jurisdiction, ruling that foreclosure of real property is within the exclusive original jurisdiction of the Regional Trial Court (RTC). A files a petition for certiorari with the Court of Appeals challenging the MTC’s dismissal. (a) Which court has original jurisdiction over a foreclosure action on a mortgage over land? (b) Is filing a petition for certiorari with the Court of Appeals the proper remedy to challenge the MTC’s dismissal for lack of jurisdiction? (c) If the case is properly brought in the appropriate court, how should the action proceed and what is the effect on the MTC’s dismissal order?