GR L 449; (June, 1948) (Digest)
G.R. No. L-449; June 29, 1948
ELEUTERIO ONGSING, plaintiff-appellee, vs. MIGUEL DE LA RIARTE, defendant-appellant.
FACTS
Plaintiff Eleuterio Ongsing filed an ejectment suit against defendant Miguel de la Riarte in the municipal court of Manila. Ongsing alleged he owned the property leased to De la Riarte on a month-to-month basis, terminated the lease with notice effective June 30, 1945, and that De la Riarte failed to pay the June 1945 rental of P30. The municipal court rendered a summary judgment in favor of Ongsing. On appeal to the Court of First Instance (CFI), De la Riarte filed an answer admitting the lease but denying non-payment, claiming he offered the P30 rental which Ongsing refused. He also raised special defenses, including that the premises were his family’s residence and small shoe repair shop, that Ongsing did not need the property, and that the ejectment was due to Ongsing’s demand for an unreasonable rent increase to P200. Ongsing moved for judgment on the pleadings, arguing De la Riarte’s defenses were not raised in the municipal court and thus could not be raised on appeal. The CFI granted the motion and rendered judgment against De la Riarte.
ISSUE
Whether the Court of First Instance correctly granted the motion for judgment on the pleadings.
RULING
No. The Supreme Court reversed the CFI’s judgment. A judgment on the pleadings is improper when an issue is joined by the pleadings. Here, De la Riarte’s answer specifically denied the allegation of non-payment of rent, creating a factual issue that required the presentation of evidence. Furthermore, his special defenses, particularly regarding the character of the premises (residential vs. commercial) and the applicability of rent control laws ( Commonwealth Act No. 689 and Republic Act No. 66 ), raised legal issues that also necessitated a trial. The case was remanded to the lower court for further proceedings. (Note: A separate concurring opinion expressed that the rent control laws were not applicable as the cause of action arose before their enactment).
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