Marrero v. Registrar of Mayagüez
Marrero v. Registrar of Mayagüez
Opinion of the Court
delivered the opinion of the court.
The fundamental question involved in this appeal is whether a municipal Court has jurisdiction to order the cancellation of a mortgage.
If only the amount involved in the suit is considered, it is necessary to decide the question in favor of the appellant, for the said amount is less than $500. But if the subject-matter of the suit is taken into consideration, then the decision appealed from must be sustained.
Municipal courts are courts of limited jurisdiction. They are not courts of record. The general jurisdiction of civil matters in first instance, save the exceptions prescribed by law, is vested in the district courts.
As early as 1911 this Supreme Court held in the case of Bayron et al. v. García et al., 17 P. R. R. 512, that the district court had jurisdiction of an action for the annulment of foreclosure proceedings, although the amount of the mortgage foreclosed was less than $500.
Going deeper into the consideration of the old and the new systems of law, this same court, in the case of Valdivieso v. Rivera, 19 P. R. R. 669, held that the amount of $500 fixed by the Act of March 10, 1904, reorganizing the judiciary of this Island determines the jurisdiction of the municipal courts in ordinary civil proceedings, but not in those governed by special laws.
And, lastly, in the case of Cruz v. Heirs of Kuinlan, 29 P. R. R. 817, this court held that summary foreclosure proceedings came under the exclusive jurisdiction, of the district courts, regardless of the amount in controversy.
The cancellation of mortgages is governed by the Mort
The decision appealed from must he
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.