GR L 1664; (April, 1948) (Digest)
G.R. No. L-1664; April 21, 1948
MARIA BONGALA and ELIAS GORAYEB, defendants-petitioners, vs. JOSE BARBAZA, JR. and MERCEDES FORTICH, plaintiffs-respondents; BIENVENIDO A. TAN, Judge, respondent.
FACTS
Plaintiffs-respondents Jose Barbaza, Jr. and Mercedes Fortich filed a complaint in the Court of First Instance (CFI) presided by Judge Bienvenido A. Tan against defendants-petitioners Maria Bongala and Elias Gorayeb. They alleged that petitioners sold them a property but failed to vacate it as promised within two months, thereby unlawfully withholding possession. The complaint sought damages, attorney’s fees, and other equitable relief. Petitioners moved to dismiss the complaint on grounds including lack of jurisdiction of the CFI, arguing the action was one for ejectment (unlawful detainer) which falls under the exclusive original jurisdiction of inferior courts (municipal or justice of the peace courts) under the rules. The CFI denied the motion to dismiss and the subsequent motion for reconsideration.
ISSUE
Whether the Court of First Instance has jurisdiction over the complaint filed by respondents, which is essentially an action for ejectment (unlawful detainer).
RULING
No. The Supreme Court ruled that the complaint is one for ejectment under Section 1, Rule 72 (now Rule 70) of the Rules of Court, as it seeks to recover possession of an immovable property from vendors (petitioners) who are unlawfully withholding it from the vendees (respondents) after the expiration of their right to hold possession under the contract of sale. Under Act No. 136, as amended, exclusive original jurisdiction over ejectment cases filed within one year from the unlawful withholding of possession is vested in municipal and justice of the peace courts, not the Court of First Instance. Consequently, the CFI had no jurisdiction to take cognizance of the complaint. The order denying the motion to dismiss was set aside and the complaint was dismissed, without prejudice to its filing in the proper municipal court.
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