Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1994 > July 1994 Decisions > G.R. No. 110042 July 14, 1994 - FELIMON IDANG v. COURT OF APPEALS, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 110042. July 14, 1994.]

FELIMON IDANG, Petitioner, v. HON. COURT OF APPEALS, HON. ADORACION G. ANGELES, RTC, Branch 121, Caloocan City and JUAN BATINGA, Respondents.


SYLLABUS


1. REMEDIAL LAW; JUDGMENT; VALIDITY THEREOF CANNOT BE COLLATERALLY QUESTIONED. — Indeed, the validity of the decision of the Regional Trial Court in the action for recovery of possession cannot be assailed because in fact it was in favor of petitioner. It was the Court of Appeals which, reversing that decision, held petitioner to have lost the right to occupy and possess the property on the ground of absenteeism. Above all, the validity of the decision cannot be collaterally questioned in this case. Petitioner should have appealed from that decision but he did not. Neither did he bring an action for the annulment of the judgment against him.


R E S O L U T I O N


MENDOZA, J.:


Felimon Idang is the awardee of a house of the National Housing Authority at 48 Reparo Street, Bagong Barrio, Caloocan City. He leased a part of the house to Juan Batinga on a month-to-month basis for P50.00 a month. On April 22, 1987, he brought an action for recovery of possession and damages against Batinga on the ground that he needed the premises for himself and his family and that Batinga had failed to pay the rents since April 1984. The case was filed in the Regional Trial Court of Caloocan City which gave judgment for petitioner. On review, however, the Court of Appeals reversed and sustained the private respondent’s position that petitioner had been divested of his right to occupy and posses the house in question for being an absentee owner. The appellate court cited the rule of the NHA that "an absentee owner has no right whatsoever to occupy his structure/dwelling unit not occupied by him at the time of census." chanrobles.com:cralaw:red

Petitioner did not appeal. Instead he brought an ejectment case against private Respondent. The Metropolitan Trial Court of Caloocan City dismissed his complaint based on the decision in the possessory action declaring petitioner to have been "divested of his right to occupy and possess" the house by reason of absenteeism. On Appeal the Regional Trial Court affirmed the decision. Upon petition for review the Court of Appeals affirmed the decision of the Regional Trial Court.

This petition is a petition for review on certiorari. Although it was given due course, upon further consideration we find no merit in the petition after all.

As already stated, the courts below dismissed petitioner’s action on the ground of res judicata. Petitioner now seeks to avoid the force of the prior judgment in the possessory action on the ground that it is avoid. He claims that through the negligence of his counsel he was not able to present certain documents, consisting of light and water bills, which show that he was not an absentee owner and that if he was not home when the NHA conducted a census in 1978, it was because he was working outside, while his daughter was attending class in school.

Private respondent claims, however, that the documents (i.e., light and water bills) were actually considered below, although they were not given weight insofar as petitioner’s claim that he was not an absentee owner to be up to date in the payment of city services and still be absent from the dwelling place in question because he has another dwelling place as it is claimed the petitioner has. On the other hand, the NHA receipts, which petitioner likewise says he was not able to submit below because of the gross negligence of his counsel, are irrelevant because they were issued only in 1992 after the decision in the possessory action had become final.chanrobles.com:cralaw:red

Indeed, the validity of the decision of the Regional Trial Court in the action for recovery of possession cannot be assailed because in fact it was in favor of petitioner. It was the Court of Appeals which, reversing that decision, held petitioner to have lost the right to occupy and possess the property on the ground of absenteeism. Above all, the validity of the decision cannot be collaterally questioned in this case. Petitioner should have appealed from that decision but he did not. Neither did he bring an action for the annulment of the judgment against him.

FOR THE FOREGOING REASONS, the resolution of November 29, 1993 giving due course to the petition for review on certiorari is RECONSIDERED and RECALLED and the petition is DENIED for lack of merit for failure of petitioner to show any reversible error committed by the Court of Appeals.chanrobles lawlibrary : rednad

SO ORDERED.

Narvasa, C.J., Padilla, Regalado and Puno, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






July-1994 Jurisprudence                 

  • COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FILINVEST DEVELOPMENT CORPORATION, RESPONDENT.

    [G.R. NO. 167689]

    COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. FILINVEST DEVELOPMENT CORPORATION, RESPONDENT.

  • G.R. No. 103272 July 4, 1994 - PEOPLE OF THE PHIL. v. RENATO M. ALHAMBRA, ET AL.

  • G.R. No. 107432 July 4, 1994 - ERLINDA B. CAUSAPI, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111179 July 4, 1994 - DAVID ODSIGUE v. COURT OF APPEALS, ET AL.

  • A.M. No. P-93-935 July 5, 1994 - ILDEFONSO ONG v. MAXIMO A. MEREGILDO

  • G.R. Nos. 65957-58 July 5, 1994 - ELEAZAR V. ADLAWAN, ET AL. v. RAMON AM. TORRES, ET AL.

  • G.R. No. 105685 July 5, 1994 - ORLANDO T. MENDOZA v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 109703 July 5, 1994 - REALTY EXCHANGE VENTURE CORPORATION v. LUCINA S. SENDINO

  • G.R. Nos. 85248-49 July 6, 1994 - PEOPLE OF THE PHIL. v. JERRY BALANON

  • G.R. No. 96510 July 6, 1994 - PEOPLE OF THE PHIL. v. RAMIR CARIZO, ET AL.

  • G.R. Nos. 97044-46 July 6, 1994 - PEOPLE OF THE PHIL. v. GENER TURDA, ET AL.

  • G.R. Nos. 102009-10 July 6, 1994 - PEOPLE OF THE PHIL. v. ROLANDO DE GRACIA, ET AL.

  • G.R. No. 110265 July 7, 1994 - FREEMAN, INC., ET AL. v. SECURITIES AND EXCHANGE COMMISSION, ET AL.

  • G.R. No. 112734 July 7, 1994 - SPS. NAZARIO P. PENAS, JR. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 92-12-916-RTC July 8, 1994 - RE: COMELEC RESOLUTION NO. 2521

  • Adm. Matter No. MTJ-92-728 July 8, 1994 - PERLITA LIBARDOS v. ABDULLAH M. CASAR

  • A.M. No. 93-10-1269-RTC July 8, 1994 - ARTEMIO D. CAÑA v. BELEN D. SANTOS

  • G.R. No. 109012 July 8, 1994 - AIDA TUAZON v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-92-863 and AC. No. 3815 July 11, 1994 - JOHNSON LEE, ET AL. v. RENATO E. ABASTILLAS

  • G.R. No. 108453 July 11, 1994 - PEOPLE OF THE PHIL. v. DONALD P. DISMUKE

  • G.R. No. 111426 July 11, 1994 - NORMA DIZON-PAMINTUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 97412 July 12, 1994 - EASTERN SHIPPING LINES, INC. v. COURT OF APPEALS

  • G.R. No. 108802 July 12, 1994 - ISAGANI MERCADO v. COURT OF APPEALS

  • G.R. No. 100228 July 13, 1994 - PAZ DE JESUS MESINA v. COURT OF APPEALS

  • G.R. No. 73047 July 14, 1994 - GABRIEL CAPILI v. COURT OF APPEALS

  • G.R. No. 108718 July 14, 1994 - GENARO R. REYES CONSTRUCTION, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109672 July 14, 1994 - EDUARDO VACA v. COURT OF APPEALS

  • G.R. No. 110042 July 14, 1994 - FELIMON IDANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 111077 July 14, 1994 - VIRGILIO B. GESMUNDO v. JRB REALTY CORPORATION, ET AL.

  • A.M. No. 92-10-425-OMB July 15, 1994 - IN RE: OMBUDSMAN CASE NO. OMB-ADM-5-92-0100

  • A.M. No. P-93-795 July 18, 1994 - MARIA AÑONUEVO v. ROLANDO E. PEMPENA

  • G.R. No. 97214 July 18, 1994 - ERNESTO NAVALLO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 102553 July 18, 1994 - PACIFIC BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112547 July 18, 1994 - DENNIS T. GABIONZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 112731 July 18, 1994 - PEOPLE OF THE PHIL. v. SALVADOR CARAS

  • A.M. No. RTJ-93-944 July 20, 1994 - RIZALIA CAPUNO, ET AL. v. AUSBERTO B. JARAMILLO, JR.

  • G.R. No. 96687 July 20, 1994 - PEOPLE OF THE PHIL. v. DOMINGO S. BONGADILLO

  • G.R. No. 109633 July 20, 1994 - PEOPLE OF THE PHIL. v. NORMANDO L. DEL ROSARIO

  • G.R. No. 111097 July 20, 1994 - PABLO P. MAGTAJAS, ET AL. v. PRYCE PROPERTIES CORPORATION, INC.

  • G.R. No. 113107 July 20, 1994 - WILMAR P. LUCERO v. COMMISSIONER OF ELECTIONS, ET AL.

  • G.R. No. 103092 July 21, 1994 - BANK OF AMERICA NT & SA v. COURT OF APPEALS, ET AL.

  • G.R. No. 103586 July 21, 1994 - NATIONAL FEDERATION OF LABOR v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 105289-90 July 21, 1994 - PEOPLE OF THE PHIL. v. ANGELITO D. LUALHATI

  • G.R. No. 106097 July 21, 1994 - PEOPLE OF THE PHIL. v. ROGELIO FRANCISCO, ET AL.

  • G.R. No. 106611 July 21, 1994 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 107069 July 21, 1994 - LEANDRO OLIVER v. COURT OF APPEALS, ET AL.

  • G.R. No. 109644 July 21, 1994 - ZETINO D. CANTOS v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-93-762 July 25, 1994 - NIEVES D. IGNACIO v. WILHELMINA T. MELANIO-ARCEGA

  • A.M. No. MTJ-93-823 July 25, 1994 - DAVID ORTIZ v. LUCIO P. PALAYPAYON

  • A.M. No. RTJ-93-1082 July 25, 1994 - SERAFIN B. CASTILLO v. LIBERATO C. CORTES

  • A.M. No. P-94-1003 July 25, 1994 - MARCIANO T. VIROLA v. EMMANUEL A. LATORZA

  • G.R. No. 100910 July 25, 1994 - PEOPLE OF THE PHIL. v. LORETO SALANGGA, ET AL.

  • G.R. No. 102308 July 25, 1994 - PEOPLE OF THE PHIL. v. MARTIN LAYAM, ET AL.

  • G.R. No. 105410 July 25, 1994 - PILIPINAS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 106027 July 25, 1994 - BPI CREDIT CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 109645 July 25, 1994 - ORTIGAS & COMPANY LIMITED PARTNERSHIP v. TIRSO VELASCO

  • A.M. No. 93-11-1311-RTC July 26, 1994 - REPORT ON THE AUDIT INVENTORY OF CASES IN THE RTC, BRANCH 11 OF BATANGAS

  • G.R. No. 76452 July 26, 1994 - PHILIPPINE AMERICAN LIFE INSURANCE COMPANY, ET AL. v. ARMANDO ANSALDO, ET AL.

  • G.R. No. 102130 July 26, 1994 - GOLDEN FARMS, INC. v. SECRETARY OF LABOR

  • G.R. Nos. 85512-13 July 28, 1994 - ALEX JUMAWAN, ET AL. v. DIOMEDES M. EVIOTA, ET AL.

  • G.R. Nos. 93926-28 July 28, 1994 - PEOPLE OF THE PHIL. v. SEGUNDO MANUEL, ET AL.

  • G.R. No. 112309 July 28, 1994 - NAPOLEON V. FERNANDO, ET AL. v. PATRICIA STO. TOMAS

  • G.R. No. 930280 July 29, 1994 - PEOPLE OF THE PHIL. v. MARTIN SIMON

  • G.R. No. 97547 July 29, 1994 - ROLANDO T. DIWA v. ARNOLD L. DONATO

  • G.R. No. 110276 July 29, 1994 - ORLANDO G. UMOSO v. CIVIL SERVICE COMMISSION