Actions Incapable of Pecuniary Estimation; FAQ

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 FREQUENTLY ASKED QUESTIONS; REMEDIAL LAW: Actions Incapable of Pecuniary Estimation


One of the frequently asked bar questions on remedial law is that dealing with actions incapable of pecuniary estimation.  Under Section 19(1) of B.P. Blg. 129, the RTC shall exercise exclusive original jurisdiction in all civil actions in which the subject of the litigation is incapable of pecuniary estimation.

The challenge for the bar examinee is to determine whether an action is incapable of pecuniary estimation and thus within the RTC’s exclusive original jurisdiction. This short note aims to provide the bar

examinee with some rules of thumb or hacks, to enable him to tackle this kind of questions and to present a logical answer.

Atty. Riguera also explained the meaning of "actions incapable of pecuniary estimation" and how to use the (i) "nature of the action test" and (ii) the "principal or ultimate objective" test to determine whether the action is a "real action" (assessed value of real property is relevant to determine jurisdiction of either MTC or RTC) or action "incapable of pecuniary estimation" (where the assessed value is not relevant to determine jurisdiction).

©️✍️ Published by Manny Riguera


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