G.R. No. L-7927; August 8, 1913
Juan Barrameda, petitioner, vs. Percy M. Moir, (Judge of First Instance) et al., respondents.

FACTS

Juan Barrameda was the defendant in a case before a justice of the peace involving title to a parcel of land. The judgment was against him. He appealed to the Court of First Instance. The respondent Judge, upon motion of the appellee, dismissed the appeal and directed the justice of the peace to enforce the judgment. Barrameda filed this original petition for mandamus to compel the Judge to proceed with the appeal. The respondent Judge demurred, arguing that Acts Nos. 2041 and 2131, which granted justices of the peace jurisdiction to try title to real estate, were repugnant to the Philippine Bill of 1902 and therefore void.

ISSUE

Whether Acts Nos. 2041 and 2131, insofar as they confer jurisdiction upon justices of the peace to try title to real estate, are valid.

RULING

No. The provisions of Acts Nos. 2041 and 2131 conferring jurisdiction upon justices of the peace to try title to real estate are void. The Philippine Bill of 1902 grants the Courts of First Instance original jurisdiction over “all civil actions which involve the title to or possession of real property.” The Philippine Legislature cannot diminish this jurisdiction. Acts Nos. 2041 and 2131 attempted to grant exclusive original jurisdiction to justices of the peace for cases where the property value does not exceed P200, and concurrent jurisdiction for values over P200 but less than P600. The grant of exclusive jurisdiction would deprive Courts of First Instance of jurisdiction, which is impermissible. The concurrent jurisdiction provision is inseparable from and ancillary to the void exclusive jurisdiction provision, and thus must also be declared void. Consequently, the judgment of the justice of the peace was a nullity. The preliminary injunction against its execution is made permanent. The writ of mandamus is denied, as the Court of First Instance correctly dismissed the appeal from a void judgment. Costs are taxed against the petitioner.