G.R. No. 7363 , December 20, 1911
PATRICIA REQUEPO, petitioner, vs. THE JUDGE OF FIRST INSTANCE OF ILOCOS SUR and JOSE ROSALES, respondents.

FACTS

Patricia Requepo filed an unlawful detainer case against Jose Rosales in the justice of the peace court of San Vicente, Ilocos Sur. The court ruled in her favor, awarding possession of the land, ₱13 in damages, and costs. Rosales attempted to appeal to the Court of First Instance but failed to file an appeal bond or pay/deposit the damages and costs as required by Act No. 1778 . Despite this, the justice of the peace certified the record to the Court of First Instance. Requepo moved to dismiss the appeal due to Rosales’ non-compliance, but the judge denied the motion and instead directed Rosales to file a bond within 24 hours, which he did. Requepo filed a second motion to dismiss, which was also denied. She then petitioned the Supreme Court for a writ of mandamus to compel the dismissal of the appeal.

ISSUE

Whether the Court of First Instance acquired jurisdiction over the appeal despite the appellant’s failure to file an appeal bond and pay/deposit the damages and costs in the justice of the peace court as required by statute.

RULING

No. The Supreme Court granted the writ of mandamus, ordering the dismissal of the appeal. Compliance with the statutory requirements for an appeal in unlawful detainer casesspecifically, filing an appeal bond and paying/depositing the damages and costs in the justice of the peace courtis jurisdictional. Since Rosales did not comply with these requirements at all in the lower court, the Court of First Instance never acquired jurisdiction over the appeal. The subsequent filing of a bond in the Court of First Instance upon order of the judge could not cure this fatal defect. The duty to dismiss the appeal for lack of jurisdiction is ministerial, and mandamus lies to compel the judge to perform this duty. The record was ordered returned to the justice of the peace court for execution of judgment. Costs were imposed on Rosales.