G.R. No. L-5891; February 26, 1954
Nazario Lagumen, plaintiff-appellant, vs. Silvino Abasolo, et al., defendants-appellees.

FACTS

The plaintiff-appellant, Nazario Lagumen, filed a complaint in May 1949 in the Court of First Instance of Albay to recover a parcel of land. He alleged that the five defendants-appellees had “unlawfully entered” the land in 1947 and refused to vacate despite repeated demands. The lower court granted the defendants’ motion to dismiss on the ground of lack of jurisdiction. It held that under sections 44(b) and 88 of the Judiciary Act of 1948 ( Republic Act No. 296 ), courts of first instance no longer had jurisdiction over unlawful detainer cases, which were placed under the exclusive original jurisdiction of justice of the peace and municipal courts.

ISSUE

Whether the Court of First Instance correctly dismissed the complaint for lack of jurisdiction, having characterized the action as one for unlawful detainer.

RULING

No. The Supreme Court reversed the appealed order. The Court held that the plaintiff’s action was not for unlawful detainer but for recovery of possession (accion publiciana), as it was instituted more than one year after the alleged forcible seizure in 1947. Citing its prior decision in Firmeza vs. David (G.R. No. L-5832, February 1953), the Court ruled that under sections 44(b) and 88 of the Judiciary Act of 1948, when the illegal deprivation of real property has lasted for more than one year, the action properly falls within the original jurisdiction of courts of first instance. The defendants-appellees, aware of the Firmeza ruling, conceded the point and did not submit a brief. The case was remanded to the lower court for further proceedings. No costs were awarded.