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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-1949 Jurisprudence                 

  • C.A. No. 793 June 9, 1949 - MARCOS ROQUE, ET AL. v. LEONCIA SONGCO, ET AL.

    084 Phil 1

  • G.R. No. L-1408 June 11, 1949 - MARIA BAUTISTA v. JOSE B. L. REYES, ET AL.

    084 Phil 3

  • G.R. No. L-1086 June 13, 1949 - BELLA BERNARDINO, ET AL.vs. EL ARZOBISPO CATOLICO DE MANILA

    084 Phil 8

  • G.R. No. L-1081 June 14, 1949 - MARIA DE LA CRUZ v. PEDRO BUENAVENTURA, ET AL.

    084 Phil 12

  • G.R. No. L-670 June 16, 1949 - SEGUNDA SANTIAGO, ET AL. v. PABLO VALENZUELA, ET AL.

    084 Phil 14

  • G.R. No. L-1522 June 16, 1949 - EL PUEBLO DE FILIPINAS v. MARCIANO O. MERIALES

    084 Phil 18

  • G.R. No. L-1568 June 16, 1949 - PEOPLE OF THE PHIL. v. VALENTIN ERAÑA ET AL.

    084 Phil 21

  • G.R. No. L-2261 June 16, 1949 - PAMPANGA BUS CO. v. EMPLOYEES ASS’N OF THE PAMPANGA BUS CO.

    084 Phil 31

  • G.R. No. L-2428 June 20, 1949 - PEOPLE OF THE PHIL. v. ROQUE MARIQUlNA, ET AL.

    084 Phil 39

  • G.R. No. L-1855 June 22, 1949 - FELIPE C. ALVIAR, ET AL. v. SANTOS B. PAMPOLINA, ET AL.

    084 Phil 45

  • G.R. No. L-923 June 24, 1949 - PEOPLE OF THE PHIL. v. JOSE DIZON

    084 Phil 48

  • G.R. No. L-1305 June 24, 1949 - PEOPLE OF THE PHIL. v. BERNABE GALO

    084 Phil 52

  • G.R. No. L-1513 June 24, 1949 - PEOPLE OF THE PHIL. v. AKAI, ET AL.

    084 Phil 54

  • G.R. No. L-2063 June 24, 1949 - PEOPLE OF THE PHIL. v. CEFERINO BARTIQUIN

    084 Phil 59

  • G.R. No. L-2137 June 24, 1949 - PEOPLE OF THE PHIL. v. MAMILLANO GRIAR

    084 Phil 64

  • G.R. No. L-2949 June 24, 1949 - ROBERT L. WEADOCK, ET AL., v. MACARIO OFILADA, ET AL.

    084 Phil 68

  • G.R. No. L-565 June 27, 1949 - PEOPLE OF THE PHIL. v. ROQUE BADILI

    084 Phil 71

  • G.R. No. L-1080 June 27, 1949 - PEOPLE OF THE PHIL. v. JOSE JAVIER ALMODOVAR

    084 Phil 76

  • G.R. No. L-1373 June 27, 1949 - PEOPLE OF THE PHIL. v. EUFRONIO VISAGAR

    084 Phil 84

  • G.R. Nos. L-1604, L-1712 & L-1713 June 27, 1949 - PEOPLE OF THE PHIL. v. SERVILLANO FALTADO, ET AL.

    084 Phil 89

  • G.R. Nos. L-1820-21 June 27, 1949 - PEOPLE OF THE PHIL. v. PAULO SANTOS, ET AL.

    084 Phil 97

  • G.R. No. L-2012 June 27, 1949 - PEOPLE OF THE PHIL. v. SOFRONIO GAJO, ET AL.

    084 Phil 107

  • G.R. No. L-547 June 28, 1949 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

    084 Phil 118

  • G.R. No. L-1006 June 28, 1949 - PEOPLE OF THE PHIL. v. FILEMON ESCLETO

    084 Phil 121

  • G.R. No. L-1716 June 28, 1949 - MATERIAL DISTRIBUTORS (PHIL.) , ET AL. v. FELIPE NATIVIDAD, ET AL.

    084 Phil 127

  • G.R. No. L-2427 June 28, 1949 - PEOPLE OF THE PHIL. v. ANATALIO SALIENTE, ET AL.

    084 Phil 136

  • C.A. No. 8037 June 28, 1949 - DIRECTOR OF LANDS, ET AL. v. MAXIMIANO P. MARTIN, ET AL.

    084 Phil 140

  • G.R. No. L-1794 June 30, 1949 - PEOPLE OF THE PHIL. v. VENERANDO VIERNES, ET AL.

    084 Phil 144

  • G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL.

    084 Phil 148

  • G.R. No. L-2443 June 30, 1949 - PEOPLE OF THE PHIL. v. JOSE L. DEMETRIO, ET AL.

    084 Phil 153

  • G.R. No. L-2852 June 30, 1949 - VICTOR A. BOROVSKY v. COMM. OF IMMIGRATION, ET AL.

    084 Phil 161

  • G.R. No. L-48494 June 30, 1949 - BANQUE GENERALE BELGE, ET AL. v. WALTER BULL & CO., INC., ET AL.

    084 Phil 164

  •  





     
     

    G.R. No. L-1855   June 22, 1949 - FELIPE C. ALVIAR, ET AL. v. SANTOS B. PAMPOLINA, ET AL. <br /><br />084 Phil 45

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-1855. June 22, 1949.]

    FELIPE C. ALVIAR ET AL., Petitioners, v. SANTOS B. PAMPOLINA, Justice of the Peace of San Pedro, Laguna, RURAL PROGRESS ADMINISTRATION and THE PROVINCIAL SHERIFF OF LAGUNA, Respondents.

    Juan S. Rustia, for Petitioners.

    Luis M. Kasilag and Lorenzo B. Vizconde for respondent Rural Progress Administration.

    SYLLABUS


    1. ABATEMENT; ACTION FOR OWNERSHIP IS NOT A BAR TO AN ACTION FOR FORCIBLE ENTRY AND DETAINER. — Well known is the rule that an action for ownership is not a bar to an action for forcible entry and detainer.

    2. CERTIORARI; ACTION FOR FORCIBLE ENTRY AND DETAINER; WHEN TITLE IS NECESSARILY INVOLVED IS A QUESTION OF FACT TO BE REVIEWED ONLY BY APPEAL. — Whether title is necessarily involved in an action for forcible entry and detainer is a question of fact to be determined from the evidence presented by both parties at the trial, and that question can be reviewed only on appeal and not by certiorari proceedings in the Court of First Instance.

    3. COURTS; JUSTICE OF THE PEACE; FORCIBLE ENTRY AND DETAINER; JURISDICTION TO TRY, DECIDE AND ORDER EXECUTION. — If the justice of the peace court had jurisdiction over the forcible entry and detainer cases, then it had also jurisdiction to try and render judgments therein and order the execution of said judgments.


    D E C I S I O N


    MORAN, C.J. :


    On May 25, 1935, more than 720 tenants filed an action (civil case No. 6663) in the Court of First Instance of Laguna against Colegio de San Jose, praying that defendant be compelled to respect its contracts of lease with plaintiffs on some parcels of lands located in San Pedro Tunasan, Laguna. After trial, judgment was rendered declaring that plaintiffs and their privies or agents had no longer any right to continue occupying the property in litigation and they were ordered to vacate and deliver the same to the defendant. On appeal, the judgment was affirmed by the Court of Appeals in a decision promulgated on July 31, 1940.

    The property was later purchased by the Commonwealth of the Philippines and came under the direct and exclusive management of the respondent Rural Progress Administration. On October 9, 1946, an action was filed in the Court of First Instance of the same province against the Rural Progress Administration and others by numerous plaintiffs allegedly the same plaintiffs in the former civil case No. 6663, or their agents or successors in interest. In this new complaint, registered as civil case No. 8039, it is prayed that the title of Colegio de San Jose on the property in litigation and the sale in favor of the Commonwealth of the Philippines be declared null and void. Apparently, this second complaint was dismissed on motion of the Rural Progress Administration on the ground of res adjudicata and lack of cause of action, and from the order of dismissal an appeal was taken to this Court.

    Upon the other hand, the Rural Progress Administration filed several complaints for forcible entry and detainer on the same property and against the same plaintiffs, their agents or successors in interest in the justice of the peace court of San Pedro Tunasan, Laguna. To these complaints, the defendants filed motions for dismissal alleging that the justice of the peace court had no jurisdiction because there was already an action for title pending then in the Court of First Instance, which was civil case No. 8039 above mentioned. The justice of the peace denied the motion for dismissal on the ground that the facts alleged in the complaints constitute forcible entry and detainer falling within his jurisdiction. Wherefore, the defendants filed their action for certiorari in the Court of First Instance, which was dismissed after trial upon the ground that the proper remedy was appeal, and that, furthermore, the respondent justice of the peace had jurisdiction over the subject matter and over the persons of the parties. The order of dismissal was appealed to this Court.

    In the meantime, the cases for forcible entry and detainer were tried by the justice of the peace court and judgments were rendered therein against the defendants which have become final and executory, some of them having been already executed and the others about to be executed. The defendants asked for suspension of execution, but because said petition was denied they filed the present petition for certiorari.

    There is no doubt that the justice of the peace court of San Pedro Tunasan, Laguna, had jurisdiction over all the cases for forcible entry and detainer filed with it by the Rural Progress Administration. The pendency of an action for title filed by the defendants against the plaintiffs in the Court of First Instance is no good ground for impugning the jurisdiction of the justice of the peace court. Furthermore, well known is the rule that an action for ownership is not a bar to an action for forcible entry and detainer. Whether title is necessarily involved in an action for forcible entry and detainer is a question of fact to be determined from the evidence presented by both parties at the trial, and that question can be reviewed only on appeal and not by certiorari proceedings in the Court of First Instance.

    If the justice of the peace court had jurisdiction over the forcible entry and detainer cases, then it had also jurisdiction to try and render judgments therein and order the execution of said judgments. True that an action for certiorari had been filed in the Court of First Instance to set aside the order of the justice of the peace court by which it assumed such jurisdiction; but if no writ of preliminary injunction was issued therein by the Court of First Instance against the justice of the peace court, the latter could continue trying and deciding the said cases and order the execution of the judgments rendered therein.

    Petition is dismissed with costs against petitioners.

    Paras, Feria, Perfecto, Bengzon, Tuason, Montemayor and Reyes, JJ., concur.

    Separate Opinions


    MORAN, C.J. :chanrob1es virtual 1aw library

    Justice Pablo voted for dismissal.

    G.R. No. L-1855   June 22, 1949 - FELIPE C. ALVIAR, ET AL. v. SANTOS B. PAMPOLINA, ET AL. <br /><br />084 Phil 45


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