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ART 150- 151 GAYON vs GAYON- p.

587 Petitioner: PEDRO GAYON Respondent: SILVESTRE GAYON and GENOVEVA DE GAYON FACTS: 1.) Pedro Gayon filed a complaint against the spouses Silvestre Gayon and Genoveva de Gayon. 2.) He was alleging that said spouses executed a deed which sold to Pedro Gelera for the sum of P500.00, a parcel of unregistered land, located in the province of Iloilo, including the improvements, subject to redemption within five (5) years. 3.) The said right of redemption had not been exercised by the spouses, or any of their heirs or successors, despite the expiration of the period 4.) Therefore; that said Pedro Gelera and his wife Estelita Damaso had, by virtue of a deed of sale sold the aforementioned land to plaintiff Pedro Gayon 5.) Due to the requirement of Articles 1606 and 1616 of the Civil Code for a judicial decree for the consolidation of the title and land acquired through a conditional sale, the petitioner prayed that an order be issued in plaintiff's favor for the consolidation of ownership of the property. 6.) Mrs. Gayon alleged that her husband, Silvestre Gayon, died long before the institution of this case; that neither she nor her deceased husband had ever executed "any document of whatever nature in plaintiff's favor"; that the complaint is malicious and had embarrassed her and her children; that the heirs of Silvestre Gayon had to "employ the services of counsel. It is to be noted that Mrs. Gayon is plaintiff's sister-in-law, whereas her children are his nephews and/or nieces. There was a failure to seek a compromise. Issue: Whether or not the case would fall under the provision of Art. 217 of family code. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, subject to the limitations in article 2035. It is noteworthy that the impediment arising from this provision applies to suits "filed or maintained between members of the same family." This phrase, "members of the same family," should, however, be construed in the light of Art. 217 of the same Code, pursuant to which: Family relations shall include those: (1) Between husband and wife; (2) Between parent and child; (3) Among other ascendants and their descendants;

(4) Among brothers and sisters. Mrs. Gayon is plaintiff's sister-in-law, whereas her children are his nephews and/or nieces. Inasmuch as none of them is included in the enumeration contained in said Art. 217 which should be construed strictly, it being an exception to the general rule and Silvestre Gayon must necessarily be excluded as party in the case at bar, it follows that the same does not come within the purview of Art. 222, and plaintiff's failure to seek a compromise before filing the complaint does not bar the same.

Hontiveros vs. RTC- p. 587 Facts: The spouses Augusto and Maria Hontiveros, filed a complaint for damages against private respondents Gregorio Hontiveros and Teodora Ayson for damages due to uncollected rentals on a land located at Jamindan, Capiz. Petitioners moved for a judgment on the pleadings on the ground that private respondents answer did not tender an issue or that it otherwise admitted the material allegations of the complaint. Private respondents opposed the motion alleging that they had denied petitioners claims and thus tendered certain issues of fact which could only be resolved after trial. The trial court denied petitioners motion. After an assessment of the diverging views and arguments presented by both parties, pleadings is inappropriate not only for the fact that the defendants in their answer specifically denied the claim of damages against them, but also because the party claiming damages must satisfactorily prove the amount thereof, however an exception to it, that is, that when the allegations refer to the amount of damages, the allegations must still be proved. The court dismissed the case and petitioners moved for a reconsideration of the order of dismissal, but their motion was denied. Hence, this petition for review on certiorari. Issue: Whether or not the complaint on the ground that it does not allege under oath that earnest efforts toward compromise were made prior to filing thereof. Ruling: Petition was granted. The inclusion of private respondent Ayson as defendant and petitioner Maria Hontiveros as plaintiff takes the case out of the ambit of Art. 151 of the Family Code. Under this provision, the phrase "members of the same family" refers to the husband and wife, parents and children, ascendants and descendants, and brothers and sisters, whether full or half-blood. Religious relationship and relationship by affinity are not given any legal effect in this jurisdiction. Consequently, private respondent Ayson, who is described in the complaint as the spouse of respondent Hontiveros, and petitioner Maria Hontiveros, who is admittedly the spouse of petitioner Augusto Hontiveros, are considered strangers to the Hontiveros family.