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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
 

 
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March-1950 Jurisprudence                 

  • G.R. No. L-1720 March 4, 1950 - SIA SUAN, ET AL. v. RAMON ALCANTARA

    085 Phil 669

  • G.R. No. L-2038 March 4, 1950 - LUIS DEL CASTILLO v. METROPOLITAN INSURANCE COMPANY

    085 Phil 678

  • G.R. No. L-2171 March, 4, 1950 - EL PUEBLO DE FILIPINAS v. IDE LAGON RAMOS

    085 Phil 683

  • G.R. No. L-2407 March 4, 1950 - PEOPLE OF THE PHIL. v. MATIAS ALUPAY

    085 Phil 688

  • G.R. No. L-2447 March 4, 1950 - PEOPLE OF THE PHIL. v. PEDRO PULIDO, ET AL

    085 Phil 695

  • G.R. No. L-1296 March 6, 1950 - PEOPLE OF THE PHIL. v. JOSE PALICTE

    085 Phil 711

  • G.R. No. L-1546 March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA

    085 Phil 714

  • G.R. No. L-2462 March 6, 1950 - EL PUEBLO DE FILIPINAS v. GO LEE

    085 Phil 718

  • G.R. No. L-2665 March 6, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO PATERNO, ET AL

    085 Phil 722

  • G.R. No. L-2996 March 6, 1950 - PEOPLE OF THE PHIL. v. PRECIANO MEJARES, ET AL.

    085 Phil 727

  • G.R. No. L-3463 March 6, 1950 - LEONCIO ROSARES v. DIRECTOR OF PRISONS

    085 Phil 730

  • G.R. No. L-2335 March 7, 1950 - PEOPLE OF THE PHIL. v. FRANCISCO MORENO

    085 Phil 731

  • G.R. No. L-3643 March 7, 950

    CARLOS C. ASPRA v. DIRECTOR OF PRISONS

    085 Phil 737

  • G.R. No. L-2269 March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN

    085 Phil 738

  • G.R. No. L-1990 March 15, 1950 - PEOPLE OF THE PHIL. v. LEONILO GANAL, ET AL.

    085 Phil 743

  • G.R. No. L-2809 March 22, 1950 - PEOPLE OF THE PHIL. v. FRISCO HOLGADO

    085 Phil 752

  • G.R. No. L-3022 March 22, 1950 - PEOPLE OF THE PHIL. v. PEDRO CABASA, ET AL

    085 Phil 758

  • G.R. No. L-3580 March 22, 1950 - CONRADO MELO v. PEOPLE OF THE PHIL., ET AL

    085 Phil 766

  • G.R. No. L-2217 March 23, 1950 - MIGUEL R. CORNEJO v. BIENVENIDO A. TAN

    085 Phil 772

  • G.R. No. L-2582 March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ

    085 Phil 776

  • G.R. No. L-2981 March 23, 1950 - VISAYAN SURETY & INSURANCE CORP. v. VICTORIA PASCUAL, ET AL

    085 Phil 779

  • G.R. No. L-2434 March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL.

    085 Phil 786

  • G.R. No. L-2584 March 25, 1950 - PEOPLE OF THE PHIL. v. TEODORO BARRAMEDA

    085 Phil 789

  • G.R. No. L-2636 March 25, 1950 - YU SIP v. COURT OF APPEALS

    085 Phil 795

  • G.R. No. L-2784 March 25, 1950 - PEOPLE OF THE PHIL. v. GERARDO NARSOLIS ET AL.

    085 Phil 798

  • G.R. No. L-2856 March 27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL

    085 Phil 802

  • G.R. No. L-2743 March 29, 1950 - PEOPLE OF THE PHIL. v. SIXTO CANDELARIA

    085 Phil 805

  • G.R. No. L-836 March 30, 1950 - PEOPLE OF THE PHIL. v. ANACLETO MAGDANG, ET AL

    085 Phil 807

  • G.R. No. L-1912 March 30, 1950 - EL PUEBLO DE FILIPINAS v. ANATOLIO LLENARIZAS

    085 Phil 809

  • G.R. No. L-2239 March 30, 1950 - PEOPLE OF THE PHIL. v. AURELIO SANTIAGO

    085 Phil 813

  • G.R. No. L-2275 March 30, 1950 - PEOPLE OF THE PHIL. v. SIMPLICIO MACASO, ET ALS.

    085 Phil 819

  • G.R. No. L-2288 March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG

    085 Phil 829

  • G.R. No. L-2600 March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO

    085 Phil 832

  • G.R. No. L-2647 March 30, 1950 - PEOPLE OF THE PHIL. v. DIONISIO S. SERRANO

    085 Phil 835

  • G.R. No. L-2681 March 30, 1950 - PEOPLE OF THE PHIL. v. DARIO MARGEN, ET AL.

    085 Phil 839

  • G.R. No. L-2175 March 31, 1950 - NG GIOC LIU v. SECRETARY OF THE DFA

    085 Phil 842

  • G.R. No. L-2189 March 31, 1950 - PEOPLE OF THE PHIL. v. CILDO, ET AL

    085 Phil 845

  • G.R. No. L-2318 March 31, 1950 - PEOPLE OF THE PHIL. v. TEOFILO PAAR

    085 Phil 864

  • G.R. No. L-2405 March 31, 1950 - PEOPLE OF THE PHIL. v. JUAN DE LOS SANTOS

    085 Phil 870

  • G.R. No. L-2801 March 31, 1950 - PEOPLE OF THE PHIL. v. PEDRO BELANDRES, ET AL.

    085 Phil 874

  • G.R. No. L-2880 March 31, 1950 - PEOPLE OF THE PHIL. v. DEMETRIO MOSTOLES, ET AL.

    085 Phil 883

  •  




     
     

    G.R. No. L-2269   March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN<br /><br />085 Phil 738

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-2269. March 14, 1950.]

    FABIAN B. S. ABELLERA, Plaintiff-Appellant, v. NARCISO DE GUZMAN ET AL., Defendants-Appellees.

    Fabian B. S. Abellera for Appellant.

    Benito D. Diaz for Appellees.

    SYLLABUS


    1. COURTS; CADASTRAL COURT; AUTHORITY AS TO DAMAGES. — The cadastral court possesses no authority to award damages, for its power is confined to the determination as to whether the claimants are really entitled to the lots, as alleged in their answers; and, after finding that they are to the confirmation of their title to, and registration of the lots in their name.

    2. ID.; ID.; EJECTMENT; EXTENT OF JURISDICTION. — Where there is a case for ejectment between parties who one against the other, claim the same parcel of land or lot in a cadastral case, it has been customary or the practice of courts to hold a joint hearing of both the ejectment and the cadastral cases in which the same parcel of land is litigated and to render ac decision in both cases in its double role, as courts of first instance general jurisdiction and as cadastral court of limited jurisdiction.


    D E C I S I O N


    PADILLA, J.:


    On 22 March 1918 this Court affirmed a judgment rendered by the court of first instance of La Union dismissing the complaint, by which the plaintiff sought to eject nineteen alleged trespassers or squatters from a tract of land described in the complaint, "on the ground that plaintiff failed to establish title in himself to the hacienda upon which he could maintain an action of ejectment." Plaintiff claimed title to the hacienda by virtue of a donation which he failed to accept in a public instrument as required in article 633 of the Civil Code (Abellera v. Balanag, 37 Phil., 865). After the dismissal of the complaint, the plaintiff brought another action against the same defendants for ejectment (civil case No. 936 of the court of first instance of La Union). This second action was dismissed, on the ground that the title to the tract of land from which he sought to eject the defendants might well be litigated in the cadastral case then pending in the same court which included the tract of land, divided into lots and claimed by both the plaintiff and the defendants, the court of first instance being of the opinion that, should title to the tract of land be confirmed and decreed in the name of the plaintiff, the latter could bring an action against the defendants for damages. From this order of dismissal, the plaintiff did not appeal. When in the cadastral case, however, the answers of the plaintiff claiming the lots, into which the tract of land claimed by him as his property had been divided, were striken out and he was prevented from presenting evidence to prove his title to the tract of land or to the lots into which it had been divided, he applied to the Supreme Court for a writ of certiorari, which was granted (Fabian B. S. Abellera v. Hon. Meynardo M. Farol, Narciso de Guzman Et. Al., G.R. No. 48480, 30 July 1943). 1 This Court in the last mentioned case reversed the order of the respondent cadastral court and directed it to allow the petitioner "to present evidence to prove his claim over the lots in question;" and, commenting on the judgment rendered in the previous case (Abellera v. Balanag, supra), it made the following pronouncement: ". . . and we clearly refused to prevent Abellera from instituting a new action based upon his assertion that he had acquired title to the estate since the dismissal of his original action." So the plaintiff’s claim in the cadastral case No. 5 of the municipality of Aringay, Province of La Union, to the lots into which the tract of land was divided and from which he had sought defendants’ ejectment in the two previous actions brought by him in the court of first instance of La Union, was pending when the record of the cadastral case was destroyed as a result of the battle for liberation; and, in view of the failure of the interested parties or of the Director of Lands to institute proceedings for its reconstitution, on 5 February 1946 the plaintiff in the two previous cases brought the present action for ejectment against the same defendants in the two previous cases (civil cases Nos. 773 and 936 of the court of first instance of La Union), or their successors-in-interest, including new or additional defendants who are the claimants of lots Nos. 5009, 5010 and 5540 in the cadastral case, which lie within the area of the tract of land claimed by the plaintiff, and prayed for judgment declaring him the owner of the tract of land from which he had sought defendants’ ejectment in the two previous cases; for the possession of the lots unlawfully occupied or detained by the defendants; for the recovery of damages from each and everyone of the defendants, amounting all in all to P40,000 and costs; and for general relief. Instead of answering the complaint the defendants moved for its dismissal, on the ground (1) that it states no cause of action; and (2) that there is another action pending between the same parties for the same cause. On 18 June 1946, acting upon the motion to dismiss filed by the defendants, the trial court sustained the second ground of the motion and dismissed the complaint without costs. In dismissing the complaint, the trial court was of the belief that in the certiorari case (Fabian B. S. Abellera v. Hon. Meynardo M. Farol, Narciso de Guzman Et. Al., G.R. No. 48480, supra), this Court directed the plaintiff "not to file a new action, to have his claim over the lots in question asserted, but to present evidence to prove his claim over said lots in the Cadastral Proceedings, Cadastral Case No. 5, of Aringay, La Union." The plaintiff has appealed from this order of dismissal to the Court of Appeals. After reviewing the evidence, the latter court certified the appeal to this Court for the reason that only questions of law are raised or involved.

    Although the present action is entitled "Recurso Declaratorio" and in paragraph 7 of the complaint, reference is made to section 1, Rule 66, of the Rules, it is really for ejectment and damages. The plaintiff asserts title to the tract of land which was divided into several lots when it was surveyed for the institution of cadastral proceedings and he filed answers to claim the lots as his property in the cadastral case. It is the third action brought to have the court declare that he is the owner and entitled to the possession of the tract of land divided into lots in the cadastral case, which are also claimed by the defendants, and to recover its possession and damages for the unlawful occupation and detention thereof. The complaint may appear clumsily drawn up, but there is no question that it is not for declaratory relief, as provided for in Rule 66 of the Rules of Court, but for ejectment (reivindicacion) and for damages. So, the first ground of the motion to dismiss the complaint is not well taken. The court below has made no comment on it, for it must have been of the opinion that the complaint states a cause of action.

    The second ground for the dismissal of the complaint, to wit: that there is another action pending between the same parties for the same cause, upon which the order of dismissal appealed from is predicated, is likewise without merit, because even if the record of the cadastral case, where the lots into which the tract of land was divided, could be reconstituted, and for that reason plaintiff could present his claim and evidence to prove his title to the lots, nevertheless, the cadastral court possesses no authority to award damages, for its power is confined to the determination as to whether the claimants are really entitled to the lots, as alleged in their answers; and, after finding that they are, to the confirmation of their title to, and registration of, the lots in their name. In the present action for ejectment, not only does the plaintiff seek to have a judicial pronouncement that he is the owner of the tract of land which he claims is unlawfully occupied by the defendants but also to recover damages. After hearing, the cadastral court may declare the plaintiff the owner of the lots and entitled to their possession and may issue a writ directing the sheriff to put him in possession thereof, but it cannot award damages to the plaintiff. Where there is a case for ejectment between parties who, one against the other, claim the same parcel of land or lot in a cadastral case, it has been customary or the practice of courts to hold a joint hearing of both the ejectment and the cadastral cases in which the same parcel of land is litigated and to render a decision in both cases in its double role, as court of first instance of general jurisdiction and as cadastral court of limited jurisdiction.

    The other question which might have been raised is whether the judgment rendered in the first case between the same parties, as reported in Volume 37, p. 865, of the Philippine Reports, bars the institution of the present action. In view of the fact that the defendants did not rely on that ground in their motion to dismiss, we do not deem it proper to take it up and pass upon it.

    The order of dismissal appealed from is reversed, without pronouncement as to costs.

    Ozaeta, Pablo, Bengzon, Tuason, Montemayor and Reyes, JJ., concur.

    Separate Opinions


    PADILLA, J.:


    I certify that Mr. Justice Torres voted for the reversal of the order appealed from.

    Endnotes:



    1. 74 Phil., 284.

    G.R. No. L-2269   March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN<br /><br />085 Phil 738




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