GR L 17064; (November, 1964) (Digest)
G.R. No. L-17064, November 9, 1964
FIDEL GERALDEZ, ET AL., petitioners, vs. HON. JOSE S. RODRIGUEZ, Judge, Court of First Instance, Cebu Province, PERFECTO SARMIENTO and CRISTINA CANONIGO, respondents.
FACTS
Respondents (Sarmiento and Canonigo) filed an action for recovery of possession and damages against petitioners in the Justice of the Peace Court, alleging petitioners were their tenants who refused to deliver the crop share and vacate the land. Petitioners, in their answer, claimed ownership of the land by inheritance. The inferior court ruled for respondents. On appeal to the CFI, petitioners moved to dismiss for lack of jurisdiction, arguing the case involved either tenancy ejectment (cognizable by the Court of Agrarian Relations) or ownership (cognizable by the CFI in its original jurisdiction), neither of which was within the inferior court’s jurisdiction. The CFI judge denied the motion.
ISSUE
Whether the Court of First Instance, acting as an appellate court, acquired jurisdiction over the case.
RULING
No. The Supreme Court granted the petition for certiorari. The proceedings in the Justice of the Peace Court were void for lack of jurisdiction. Based on the pleadings, the case involved either the ejectment of a tenant (under the exclusive jurisdiction of the Court of Agrarian Relations) or a question of ownership (under the original jurisdiction of the CFI). The inferior court had no jurisdiction over either issue. Consequently, the CFI could not validly exercise appellate jurisdiction over a void judgment. Petitioners seasonably raised the jurisdictional issue, thus they did not consent to the CFI trying the case in its original capacity. The challenged CFI orders were set aside.
