G.R. No. 6525 , September 14, 1911
LORENZO MARZON, plaintiff-appellee, vs. JULIANO UDTUJAN, CLETO MARZON, ROSENDO BAUYA, and VALERIANO BAUYA, defendants-appellants.

FACTS

On January 2, 1908, plaintiff Lorenzo Marzon filed an action for damages against the defendants, alleging that in May 1907, they entered his land in the barrio of Ginagdanan, municipality of Argaw, and destroyed 500 banana plants, 100 “viga” plants, and 50 abaca plants, causing damages amounting to P1,700. The defendants filed a demurrer and later a general denial. During trial, some witnesses for the plaintiff referred to the incident as occurring in May 1897. The trial court rendered judgment in favor of the plaintiff, ordering the defendants to pay P900 jointly and severally. The defendants appealed, assigning errors regarding the trial court’s jurisdiction and the prescription of the action.

ISSUE

1. Whether the trial court had jurisdiction over the case.
2. Whether the plaintiff’s cause of action had prescribed.

RULING

1. On jurisdiction: The Supreme Court held that the trial court had jurisdiction. The action was a personal action for damages to property, and the complaint alleged the land was located in the municipality of Argaw. The court could take judicial notice that Argaw was within its territorial jurisdiction under Section 275 of the Code of Procedure in Civil Actions. Moreover, the defendants admitted committing the acts, and the trial court correctly found that the witnesses’ reference to “1897” was a mistake and that the actual date was 1907.

2. On prescription: The Supreme Court ruled that the issue of prescription could not be raised on appeal because it was not raised by demurrer or answer in the trial court. Prescription is a defense that must be specifically pleaded in the answer, not by demurrer. Even assuming the acts occurred in 1897, the defense was waived for not being properly raised.

The judgment of the lower court was affirmed.