GR L 4768; (February, 1952) (Digest)
G.R. No. L-4768 February 27, 1952
COMPOSTELA LUMBER CO. INC., petitioner, vs. FILOMENA DATU, ENRIQUEZ A. FERNANDEZ, and CIRILO MACEREN, in their capacities as Judges of the Court of First Instance of Davao, and R.A. UNSON, in his capacity as Sheriff of Davao, respondents.
FACTS
In March 1950, respondent Filomena Datu filed a complaint in the Court of First Instance of Davao (Civil Case No. 464) to recover two thousand pesos (P2,000) as damages for the death of her daughter, allegedly caused by a truck driver of the petitioner, Compostela Lumber Co. Inc. The complaint was never served on the defendant or its authorized agent. In November 1950, the defendant was declared in default. In January 1951, respondent Judge Cirilo Maceren rendered a decision ordering the defendant to pay the plaintiff P2,000 with legal interest and costs. On February 17, 1951, the defendant learned for the first time about the action and judgment against it. Immediately, it filed a petition contesting the court’s jurisdiction over the subject matter and its person, and alternatively, prayed for relief under Rule 38. This petition was denied by another respondent judge.
ISSUE
Whether the Court of First Instance of Davao had jurisdiction over the subject matter of the complaint, which sought damages of P2,000.
RULING
The Supreme Court granted the petition for certiorari and made the preliminary injunction permanent. The Court held that the matter fell within the exclusive original jurisdiction of the corresponding justice of the peace court, pursuant to Sections 86 to 88 of Republic Act No. 296 (The Judiciary Act of 1948), and not within the cognizance of the Court of First Instance. Consequently, all proceedings had in the latter court were void ab initio. Costs were imposed against respondent Filomena Datu.
