Unlawful detainer and forcible entry; jurisdiction and venue

G

"x x x.


In any case, since the Complaint is clearly and admittedly one for forcible entry, the jurisdiction over the subject matter of the case is, thus, upon the MTCC of Gingoog City. Section 33 of Batas Pambansa Bilang 129, as amended by Section 3 of Republic Act (R.A.) No. 7691, as well as Section 1, Rule 70 of the Rules of Court, clearly provides that forcible entry and unlawful detainer cases fall within the exclusive original jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts. Hence, as the MTCC has jurisdiction over the action, the question whether or not the suit was brought in the place where the land in dispute is located was no more than a matter of venue and the court, in the exercise of its jurisdiction over the case, could determine whether venue was properly or improperly laid.13 There having been no objection on the part of petitioner and it having been shown by evidence presented by both parties that the subject lot was indeed located in Gingoog City, and that it was only through mere inadvertence or oversight that such information was omitted in the Complaint, petitioner's objection became a pure technicality.

x x x."