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CASE 2: INOCENCIA
TAGALOG, Petitioner,
vs. MARIA LIM VDA. DE GONZALEZ, GAUDENCIA L.
BUAGAS, RANULFO Y. LIM, DON L. CALVO, SUSAN
C. SANTIAGO, DINA C. ARANAS, and RUFINA C.
RAMIREZ, Respondents.
Facts: On 5 February 2003, respondents Maria Lim Vda. de
Gonzalez, Gaudencia L. Buagas, Ranulfo Y. Lim, Don L.
Calvo, Susan C. Santiago, Dina C. Aranas, and Rufina C.
Ramirezfiled with the Regional Trial Court (RTC) of Toledo
City, Cebu, Branch 29, a Complaint 4 for Recovery of
Possession, Preliminary Mandatory Injunction with a Prayer
for a Temporary Restraining Order with Damages and
Attorneys Fees was filed against petitioner Inocencia Tagalog
(Tagalog). Respondents alleged that Tagalog occupied a portion
of the land as lessee and paid rent on a month to month basis
by virtue of a verbal contract. Tagalog built a house with light
materials on the land and when a strong typhoon hit Cebu,
Tagalogs house was damaged. Thereafter, respondents alleged
that Tagalog discontinued payingthe rent and stopped
inhabiting the house. Respondents informed Tagalog to vacate
the premises asserting that the verbal contract of lease was
deemed terminated upon the expiration of the monthly
contract. However, Tagalog refused to vacate claiming that she
was still a lessee.The RTC ruled that, in the complaint,
respondents prayed for the recovery of possession of the leased
property as owners. Thus, the issue of ownership, which was
within the original jurisdiction of the court was primordial and
the prayer for eviction was merely incidental there being no
written contract of lease between the parties.Petitioner
contends that the subject of the action is for unlawful detainer,
thus cognizable by a first level court or the Municipal Trial
Court (MTC). Since the case was filed with the RTC, a second
level court, the RTCs decision should be rendered void for
lack
of
jurisdiction
over
the
case.
Issue: The main issue for our resolution iswhether the Regional
Trial Court had jurisdiction over the subject matter of the
action.
Ruling: The jurisdiction of a particular court is determined by
the nature of the action pleaded as appearing from the
allegations in the complaint. In order to determine whether the
lower court had jurisdiction, it is necessary to first ascertain the
nature of the complaint filed before it.It is clear that the case
involves only the issue of physical possession or unlawful
detainer as defined in Section 1 Rule 70 of the Rules of Court.
In De Leon v. CA, we held that unlawful detainer is the
withholding by a person from another of the possession of a
land or building to which the latter is entitled after the
expiration or termination of the formers right to hold
possession by virtue of a contract, express or implied. An
ejectment suit is brought before the MTC to recover not
possession de jure but physical possession only or possession
de facto, where dispossession has lasted for not more than one
year. Clearly, the RTC erred in not dismissing the case before
it.1wphi1 Under the Rules of Court, it is the duty of the court
to dismiss an action whenever it appears that the court has no
jurisdiction over the subject matter. In sum, since respondents'
complaint should have been filed with the MTC, the RTC
seriously erred in proceeding with the case. The proceedings
before a court without jurisdiction, including its decision, are
null and void. It then follows that the appeal brought before the
appellate court, as well as the decisions or resolutions
promulgated in accordance with said appeal, is without force
and effect.
and, therefore, the PEZA should have filed the petition with the
Regional Trial Court of Lapu-Lapu City where the real
FACTS:
February 15, 1996 the respondent (Roldan E. Mala), who is a
Muslim, bought a parcel of land from Ceres Canete. March 3,
1996 A Transfer Certificate of Title was issued to the
respondent but the petitioner (Villagracia), who is a Christian,
occupied the land. The respondent filed an action against the
petitioner to recover the possession of the parcel of land before
the 5th Sharia District Court, which took cognizance of the case
and ruled in favor of the respondent (Roldan E. Mala).
ISSUE:
Did the 5th Sharia District Court have jurisdiction over the
person of the petitioner (Villagracia), who is a Christian?
RULING: No, the 5th Sharia Distrit Court did not have the
jurisdiction over the person of the petitioner (Villagracia), who
is a Christian. The Court ruled that jurisdiction over the person
is the power of the court to render a personal judgment or to
subject the parties in a particular action to the judgment and
other rulings rendered in the action. A court acquires the
jurisdiction over the person of the defendant by voluntary
appearance or valid service of summons. The law (Code of
Muslim Personal Laws of the Philippines) which confers
jurisdiction to the Sharia District Court, provides that the same
has concurrent original jurisdiction with existing civil actions
over real actions not arising from customary contracts wherein
Legal Principles:
Section 6, Rule 39 of the 1997 Rules of Civil Procedure:
SEC.6. Execution by motion or by independent action. A
final and executory judgment or order may be executed on
motion within five (5) years from the date of its entry. After the
lapse of such time, and before it is barred by the statute of
limitations, a judgment may be enforced by action. The revived
judgment may also be enforced by motion within five (5) years
from the date of its entry and thereafter by action before it is
barred by the statute of limitations.
Art. 1144. The following actions must be brought within ten
years from the time the right of action accrues:
xxxx
(3) Upon a judgment
Art. 1152. The period for prescription of actions to demand
the fulfillment of obligations declared by a judgment
commences from the time the judgment became final.
RULING:
WHEREFORE, the petition is GRANTED. The November
16, 2011 Decision and the September 26, 2012 Resolution of
the Court of Appeals in CA-G.R. CV No. 02497 are
REVERSED and SET ASIDE. The case is REMANDED to
the Regional Trial Court for appropriate action.
The lower court erred in strictly applying the procedural rules
on prescription. To allow a strict application of the rules,
however, would result in an injustice to petitioners considering
(1) that respondent decided not to contest the RTC-43 decision
Ruling:
FACTS:
FACTS:
On 28 August 2012, the Supreme Court affirmed COMELEC
Resolution SPP 10-013, dated 11 October 2011, cancelling the
certificate of registration of the Alliance of Barangay Concerns
xxx
On 25 October 2012, petitioners Association of Flood Victims
and Jaime Aguilar Hernandez (Hernandez) filed with this Court
a special civil action for certiorari and/or mandamus under
Rule 65 of the Rules of Court. Petitioners assert that the
COMELEC committed grave abuse of discretion when it
issued Minute Resolution No. 12-0859. Furthermore,
petitioners pray for the issuance of a writ of mandamus to
compel publication of the COMELEC Minute Resolution No.
12-0859.
ISSUE:
Whether the petitioners Association of Flood Victims and
Jaime Aguilar Hernandez, are a real party in interest.
RULING:
We dismiss the petition. Petitioners do not have legal capacity
to sue. Under Sections 1 and 2, Rule 3 of the 1997 Rules of
Civil Procedure only natural or juridical persons, or entities
authorized by law may be parties in a civil action, which must
be prosecuted or defended in the name of the real party in
Hence, there being only three valid votes cast out of the nine
board member, the NPB Resolutions No. 2002-124 and No.
2002-125 are void and are of no legal effect.