GR L 551; (December, 1902) (Digest)
G.R. No. L-551, December 24, 1902
MARIANO DEVEZA, plaintiff-appellant, vs. SIMEON GUINOO, defendant-appellee.
FACTS:
On August 14, 1896, Simeon Guinoo executed a pacto de retro sale of a piece of land in favor of Mariano Deveza for P3,540, with the right to repurchase the property on or before April 10, 1897. The instrument was registered. The redemption period expired without Guinoo repurchasing the property. Consequently, on June 14, 1898, Deveza filed an action for unlawful detainer (desahucio) against Guinoo before the Court of First Instance of Negros, alleging that the sale had become absolute and demanding that Guinoo vacate the land. During the proceedings, Guinoo interposed a dilatory plea of lis pendens. The case remained pending for several years. On October 1, 1901, the new Code of Civil Procedure took effect. Subsequently, the trial judge, applying the new procedural code, proceeded to hear the case and rendered a judgment. Deveza appealed.
ISSUE:
Whether the trial court erred in applying the new Code of Civil Procedure to an action for unlawful detainer that was commenced under the old Law of Civil Procedure and was still pending when the new Code took effect.
RULING:
Yes. The Supreme Court set aside the proceedings conducted under the new Code and the resulting judgment. The Court held that the trial judge had no authority to apply the new procedural law to the pending unlawful detainer action. The case should have been continued in accordance with the former Law of Civil Procedure. Furthermore, the Court noted that under the new Code of Civil Procedure (specifically Article 80), jurisdiction over actions for unlawful detainer is vested in the justice of the peace of the place where the property is situated. Therefore, even if the new Code were applicable, the Court of First Instance of Negros would have lacked jurisdiction to try the case. The proceedings from page 112 of the record onward were declared void. The case was remanded with instructions to continue the trial under the old Law of Civil Procedure. No costs were awarded.