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EN BANC

G.R. No. L-2336 April 27, 1949

ANGELINA CANAYNAY, PRUDENCIA V. ASPREC and CLETO ASPREC Petitioners, vs. BIENVENIDO A. TAN and FELICIANO SARMIENTO, Respondent.

Isidoro A. Vera for petitioners.
De la Rosa, De Guia & Santos for respondent Feliciano Sarmiento.

MORAN, C. J.: chanrobles virtual law library

This is a special civil action for certiorari.chanroblesvirtualawlibrary chanrobles virtual law library

Respondent Feliciano Sarmiento filed an action for illegal detainer against petitioner Angelina Canaynay, Prudencia V. Asprec and Cleto Asprec in the justice of the peace court of Parañaque, Rizal. Petitioners filed an answer claiming ownership of the property of the property and after trial asked for the dismissal of the case upon the ground that it involved a question of title over which the justice of the peace had no jurisdiction. The motion was denied and judgment was rendered against petitioners, who appellantto court of First Instance. Upon the docketing of the case in that court,petitioner filed what they called a "Constancia," wherein they impugned the jurisdiction of the justice of the peace and objected to the exercise by the Court of First Instance of its original jurisdiction over the case and prayed that "after hearing the above-entitled case be dismissed for lack ofjurisdiction of the justice of the peace court." According to the petitioners themselves, this "Constancia" was not meant as a motion to dismiss but merely to make of record their objection to both the jurisdictionof Court of First Instance, and their prayer was that "after the trial of this Court when this court (of First Instance) shall have found from the evidence presented that the real question involved is one of ownership and notmerely possession, to declare that the justice of the peace court is withoutjurisdiction, and, consequently, should dismiss the case." But the prayer contained in this "Constancia" was denied by the court.chanroblesvirtualawlibrary chanrobles virtual law library

In the meantime, petitioners failed to file their answer to the complaint which was deemed reproduced in the Court of Instance upon the docketing of the case therein, and for that reason, the court, on motion of the plaintiff, declared petitioners in default. Petitioner filed a motion for reconsideration upon the ground that the answer filed in the justice of thepeace court should have been deemed reproduced also in the Court of FirstInstance, but the motion was denied. The Court of First Instance, but the motion was denied. The Court, after receiving the evidence for plaintiff, rendered judgment against petitioner ordering them to vacate the propertyand to pay the rents thereof to plaintiff. Whereupon, petitioners, instead of appealing from this decision and from the order of default filed this special civil action for certiorari in this Court.chanroblesvirtualawlibrary chanrobles virtual law library

The only ground alleged by petitioners against the order of default issued against them is that, upon the docketing of the case in the Court ofFirst Instance, not only the complaint but also the answer filed in the justice of the peace court should have been deemed reproduced. However, thiscontention is contrary to Rule 40, section 7, which reads as follow:

Upon the docketing of the cause under appeal, the complaint filed in the justice of the peace or municipal court shall be considered reproduced in the Court of First Instance and it shall be the duty of the clerk of the courtto notify the parties of that fact by registered mail, and the periodfor making an answer shall begin with the date of the receipt of such notice by the defendants.

According to this provision, what is deemed reproduced in the Court of FirstInstance upon the docketing of the case therein, is only the complaint, but not the answer, filed in the justice of the peace or municipal court. The reason is that there may be no answer filed in the justice of the peace court, or that if there is any filed therein, it may be changed in the Courtof First Instance were a trial de novo is to be held. Although neither theplaintiff nor the defendant may change on appeal in the Court of FirstInstance the questions raised by the pleadings in the inferior court, a denial that may have been made in the justice of the peace country may be changed into an admission, or a special defense interposed therein may be withdrawn in the Court of First Instance. It is then necessary for the defendant to re-define his stand in the Court of First Instance by filingan answer in due time, and his failure to do so is ground for default.chanroblesvirtualawlibrary chanrobles virtual law library

Petition is dismissed, with costs against the petitioners.chanroblesvirtualawlibrary chanrobles virtual law library

Paras, Feria, Pablo, Bengzon, Briones, Tuason, Montemayor and Reyes, JJ., concur.

Separate Opinions chanrobles virtual law library

PERFECTO, J., concurring:chanrobles virtual law library

We concur in the decision as a correct exposition and interpretation ofsection 7 of Rule 40.chanroblesvirtualawlibrary chanrobles virtual law library

We feel, however, that it is our duty to express our opinion to the effect that the said section should be amended as being unreasonable and unfair to the defendant. We do not see any reason why the defendant should be compelled to file a new answer or reproduce his answer as filed in the municipal court, while plaintiff is relieved from the obligation of reproducing his complaint.