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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
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 119900   August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 119900. August 16, 2001.]

    SUNNY MOTORS SALES, INC., Petitioner, v. HONORABLE COURT OF APPEALS, HONORABLE JUDGE OSCAR L. LEVISTE, as the Presiding Judge of the Regional Trial Court, Branch 97, Quezon City, and MS. LOLITA L. SANTIAGO, Respondents.

    D E C I S I O N


    PARDO, J.:


    The case before the Court is an appeal via certiorari seeking to set aside the decision of the Court of Appeals 1 affirming that of the Regional Trial Court, Quezon City, Branch 97, denying petitioner’s motion to dismiss the complaint for damages on the ground of lack of jurisdiction.

    On September 9, 1994, respondent Lolita L. Santiago leased 2 from Ludivina L. Genito a portion of a 4,398 sq. m. property, situated at Commonwealth Ave., Diliman, Quezon City, which she used as warehouse for scrap metals. The parties stipulated that the lease was for a period of two (2) years, commencing on September 9, 1994, up to September 8, 1996, for a monthly rent of P10,000.00, with the obligation to pay, as in fact, lessee paid advance rent equivalent to one (1) year, or P120,000.00, at the inception of the lease. The lessor expressly warranted lessee’s peaceful possession of the leased premises.chanrob1es virtual law library

    Immediately, respondent Santiago entered into possession of the leased premises described as "left side area, driveway of said property (up to the cemented area with roof)" and stored thereat hundreds of tons of scrap metal.

    On December 16, 1994, barely three (3) months after the lease commenced, petitioner Sunny Motors Sales, Inc., employing guards from Enriquez Security Agency, suddenly entered into possession of the whole 4,398 sq. m. property of Ludivina L. Genito, including the portion leased to respondent Santiago and barred the latter from entering and using the same, thereby effectively dispossessing respondent Santiago of the leased premises without any prior notice.

    Petitioner Sunny Motors Sales, Inc., claimed that it was the new owner of the property including that portion leased to respondent Santiago having bought the same from Ludivina L. Genito and/or Balm Construction Co., Inc., of which she owned a major interest.

    On January 11, 1995, respondent Lolita L. Santiago filed with the Regional Trial Court, Quezon City a complaint 3 against Ludivina L. Genito and Sunny Motor Sales, Inc., for damages with temporary restraining order and/or preliminary injunction.chanrob1es virtua1 1aw 1ibrary

    On January 17, 1995, respondent Santiago filed an amended complaint. 4 On the same day, the trial court issued an order 5 granting a temporary restraining order, and setting the case for hearing on the preliminary injunction.chanrob1es virtua1 1aw 1ibrary

    On January 19, 1995, petitioner Sunny Motors Sales, Inc., filed with the trial court a motion to dismiss 6 the complaint on the ground of lack of jurisdiction. It explained that the complaint was one for forcible entry that falls within the original exclusive jurisdiction of the Metropolitan Trial Court.

    On January 24, 1995 after hearing the motion to dismiss, the trial court denied the motion. 7

    On January 26, 1995, petitioner Sunny Motors Sales Inc., filed with the Court of Appeals a petition 8 for certiorari and prohibition questioning the order of the trial court denying petitioner’s motion to dismiss respondent Santiago’s complaint and in further proceeding with the case despite lack of jurisdiction over the subject matter of the complaint.

    On January 31, 1995, the Court of Appeals issued a resolution 9 granting a temporary restraining order and setting the case for hearing on March 30, 1995.

    On April 20, 1995, the Court of Appeals promulgated its decision, the dispositive portion of which provides:jgc:chanrobles.com.ph

    "The court finds, however, that the complaint for preliminary injunction with damages attached to the petition shows clearly that the preliminary writ of injunction is just an ancillary remedy prayed for in the complaint. It appears very clearly that the principal action with the Regional Trial Court filed by the private respondent is one for damages not for forcible entry. Paragraph 10 of the amended complaint is in point. Said paragraph alleges that plaintiff, private respondent herein, still remains in possession of the leased premises. On its face therefore, it appears very clearly that the Regional Trial Court of Quezon City, Branch 97 has jurisdiction over the amended complaint. Private respondent was able to state a cause of action in her amended complaint which is not forcible entry. Said allegations constitute the very foundation of the jurisdiction of the Regional Trial Court which made it issue the temporary restraining order now being assailed. Its denial of the motion to dismiss is also in order.chanrob1es virtua1 1aw 1ibrary

    "WHEREFORE, this Court holds that this petition should be denied due course and consequently DISMISSED OUTRIGHT." 10

    Hence, this petition. 11

    At issue is whether the regional trial court has jurisdiction over the complaint for damages with temporary restraining order, and/or preliminary injunction.chanrob1es virtua1 1aw 1ibrary

    Petitioner contends that the amended complaint filed with the regional trial court is not an action for damages and injunction but one of forcible entry, which is exclusively cognizable by an inferior court. Based on the complaint, respondent Santiago’s possession and enjoyment of the premises pursuant to a lease contract has been effectively disrupted by the petitioner.

    The petition i impressed with merit.

    What determines the nature of an action as well as which court has jurisdiction over it, are the allegations in the complaint and the character of the relief sought. 12 "Jurisdiction over the subject matter is determined by the allegations in the complaint, irrespective of whether the plaintiff is entitled to recover upon a claim asserted therein — a matter resolved only after and as a result of the trial. Neither can the jurisdiction of the court be made to depend upon the defenses made by the defendant in his answer or motion to dismiss. If such were the rule, the question of jurisdiction would depend almost entirely upon the defendant." 13

    To resolve the issue, we examine the specific allegations of respondent Santiago in her complaint. The amended complaint contained the following material allegations, viz:chanrob1es virtual 1aw library

    x       x       x


    "6. On December 16, 1994, barely three months after her lease commenced, defendant Sunny Motors employing guards from Enriquez Security Agency suddenly entered possession of the whole 4,398 sq. m. property of defendant Genito, including the portion thereof leased to plaintiff, and barred the latter from using the same in the same manner as before.chanrob1es virtua1 1aw 1ibrary

    "8. The entry of defendant Sunny Motors into the leased property and consequent disruption in the regular possession and use of plaintiff thereof is a glaring violation of the latter’s rights and interests provided under the lease contract.

    "9. Plaintiff sustained, and continues to sustain, actual losses in her business on account of her being disrupted in possession and use of the leased premises. As she has no more any place to store her wares following her forcible eviction therefrom. She was forced to temporarily cease hauling metal scraps and let go of her pending contracts and won bids for scraps.

    "10. Although plaintiff still remains in possession of the leased premises, her possession and enjoyment thereof pursuant to her lease contract has been effectively disrupted by defendants as heretofore alleged without just and valid cause.chanrob1es virtua1 1aw 1ibrary

    "11. And although she still has a hundred tons of metal scraps valued more or less at P700,000.00 left at the leased premises, the same for delivery to her clients because the trucks with which she would haul the same are likewise being refused entry into the premises.

    "12. Six stay-in employees of plaintiff are still in the questioned premises up to the present, and although they are not being forced out, they could not go out of the premises because defendants have threatened that they could not anymore get back if they did, and are not allowed to do their works, as cutting the metal scraps, by defendant Sunny Motors’ security guards.

    "13. Although plaintiff is allowed to enter in the questioned premises, it is not anymore to deliver or haul out metal scraps as before but only to deliver supplies to her said employees inside. Once, she tied to deliver a tank of acetylene gas at the premises to be used by her employees for cutting metal scraps but was refused entry by defendant Sunny Motors’ guards.chanrob1es virtua1 1aw 1ibrary

    "14. Recently, defendants threatened plaintiff that if she would not remove her metal scraps in the questioned premises up January 17, 1995, said defendants already dismantled the roofing of plaintiff’s structure in the questioned premises which is being used as quarters by her stay-in employees.chanrob1es virtua1 1aw 1ibrary

    "15. The total losses thus far sustained by plaintiff may reasonably be fixed at P1,000,000.00.

    "16. Plaintiff likewise suffered sleepless nights, mental anguish and serious anxiety as a result of the foregoing unlawful acts of defendants. For this reason, defendants should be made liable jointly and severally to pay plaintiff moral damages in the reasonable amount of P100,000.00.

    "17. To serve as a deterrent to the general public, defendants should be made jointly and severally liable to pay plaintiff the amount of P100,000.00 as and by way of exemplary damages.

    x       x       x


    "22. Defendants have no legal right to deny plaintiff’s regular entry into and use of the leased premises as her possession thereof and right thereto is protected by a valid and existing lease contract."cralaw virtua1aw library

    The allegations of the complaint reveal that petitioner’s cause of action is for forcible entry with damages. 14 In forcible entry, the deprivation of physical possession of land or building is effected through force, intimidation, threat, strategy or stealth. 15 Clearly, respondent Santiago alleged that petitioner "employing guards from the Enriquez Security Agency suddenly entered into possession of the whole 4,398 sq. m. property of defendant Genito, including the portion leased to plaintiff" (respondent Santiago) and that "the entry of defendant Sunny Motors (petitioner) into the leased property and consequent dispossession of plaintiff thereof is a glaring violation of the latter’s rights and interest provided under the lease contract." She still remained in possession of the leased premises but such possession was disrupted following her forcible eviction therefrom. In her complaint, respondent Santiago was seeking to be restored into possession of the leased premises with damages on account of Genito’s breach of her obligation under the lease contract and Sunny Motors Sales, Inc.’s entry to the property through force. 16 In which case, respondent Santiago’s cause of action as presented in her complaint is for forcible entry over which the regional trial court has no jurisdiction. 17

    WHEREFORE, the petition is hereby GRANTED and the appealed decision is REVERSED. The amended complaint in Civil Case No. Q-95-22644 is ordered DISMISSED.chanrob1es virtua1 1aw 1ibrary

    No costs.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. In CA-G.R SP No. 36278, promulgated on April 20, 1995, De La Rama, J., ponente, Gonzaga-Reyes (now Associate Justice, Supreme Court) and Montenegro, JJ., concurring, Rollo, pp. 73-78.

    2. Petition, Annex "H", Contract of Lease, Rollo, pp. 91-93.

    3. Civil Case No. Q95-22644, Rollo, pp. 85-90.

    4. Rollo, pp. 94-100.

    5. Rollo, p. 102.

    6. Rollo, pp. 103-107.

    7. Rollo, p. 173.

    8. Rollo, pp. 108-126.

    9. Rollo, pp. 135-136.

    10. Petition, Annex "C", Rollo, pp. 73-78.

    11. Petition, filed on May 9, 1995 (Rollo, pp. 2-41). On December 13, 1999, we gave due course to the petition (Rollo, pp. 276-277).

    12. Jaime Morta, Sr. v. Jaime Occidental, 308 SCRA 167, citing Cañiza v. Court of Appeals, 335 Phil. 1107 [1997]; Sumulong v. Court of Appeals, 232 SCRA 372 [1994]; Sarmiento v. Court of Appeals, 250 SCRA 108 [1995]; Huibonhoa v. Court of Appeals, 320 SCRA 625, 660-661 [1999].

    13. Morta, Sr. v. Occidental, supra, Note 12, citing Multinational Village Homeowners Association v. Court of Appeals, 203 SCRA 104 [1991].

    14. Rule 70, Section 1, Revised Rules of Court.

    15. Dikit v. Ycasiano, 89 Phil. 44 [1951].

    16. Drilon v. Guarana, 149 SCRA 342 [1987]; Saclolo v. Intermediate Appellate Court, 157 SCRA 63 [1988].

    17. B.P. No. 129, Sec. 33.

    G.R. No. 119900   August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.


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