G.R. No. L-19953 December 24, 1964
PILAR REVILLA DE LAGDAMEO, petitioner, vs. JUAN LA’O, respondent.

FACTS

On November 5, 1955, petitioner Pilar R. de Lagdameo filed a petition in the Court of First Instance of Manila (Special Proceeding No. 28064) for her appointment as guardian of the person and property of her minor nieces, Trinidad Revilla La’O and Bettina Revilla La’O. The minors’ father, respondent Juan La’O, opposed the petition and sought their custody. After a hearing on February 18, 1956, the lower court rendered judgment on February 21, 1956, appointing the petitioner as guardian upon filing a bond. Juan La’O appealed to the Court of Appeals. The Court of Appeals dismissed the petition without prejudice, holding that the case fell under the exclusive original jurisdiction of the Juvenile and Domestic Relations Court, as provided in Republic Act No. 1401 , which was approved on September 9, 1955. The petitioner’s motion for reconsideration was denied, prompting this appeal by certiorari.

ISSUE

Whether the Court of First Instance of Manila had jurisdiction to entertain the guardianship case instituted on November 5, 1955, in view of Republic Act No. 1401 , which granted the Juvenile and Domestic Relations Court exclusive original jurisdiction over such cases effective September 9, 1955.

RULING

Yes, the Court of First Instance of Manila had jurisdiction. The Supreme Court reversed the decision of the Court of Appeals. While Section 1 of Republic Act No. 1401 conferred exclusive original jurisdiction over guardianship cases to the Juvenile and Domestic Relations Court, Section 2 of the same Act provided for the transfer of pending cases from the municipal court and the Court of First Instance of Manila to the newly created court upon its organization. The Juvenile and Domestic Relations Court was organized on June 1, 1956. The Supreme Court held that to construe the grant of jurisdiction as immediately effective upon the Act’s approval on September 9, 1955, would create a jurisdictional vacuum in Manila from that date until the court’s organization on June 1, 1956, during which no judicial body would be competent to hear such cases. This result would be inimical to public interest and contrary to legislative intent. Therefore, the grant of jurisdiction to the Juvenile and Domestic Relations Court was intended to be operative only upon its establishment or organization. Consequently, the Court of First Instance of Manila retained jurisdiction over the case filed on November 5, 1955. The case was remanded to the Court of Appeals for decision on the merits.