In a case for the annulment of a Deed of Real Estate Mortgage, where may the action be properly filed?

In a case for the annulment of a Deed of Real Estate Mortgage, where may the action be properly filed?

• A. RTC Makati
• B. RTC Manila
• C. RTC Cebu
• D. RTC Pasig

Answer: (A)

The key idea is that actions involving real property go to the court of the place where the land is situated. A Deed of Real Estate Mortgage encumbers land, so an action to annul that mortgage is a real action that affects the property’s title. The proper forum is the Regional Trial Court with jurisdiction over the location of the land. If the land in question is located in Makati, filing in RTC Makati is correct. The other venues would be appropriate only if the land were actually located there, not in Makati.

The key idea is that actions involving real property go to the court of the place where the land is situated. A Deed of Real Estate Mortgage encumbers land, so an action to annul that mortgage is a real action that affects the property’s title. The proper forum is the Regional Trial Court with jurisdiction over the location of the land. If the land in question is located in Makati, filing in RTC Makati is correct. The other venues would be appropriate only if the land were actually located there, not in Makati.