Pascual vs. Pascual
Pascual vs. Pascual
Pascual vs. Pascual
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G.R. No. 157830. November 17, 2005.
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SUPREME COURT REPORTS ANNOTATED VOLUME 475 12/1/19, 12:24 PM
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* THIRD DIVISION.
269
CARPIO-MORALES, J.:
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1 Original Records at p. 7.
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270
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2 Id., at p. 1.
3 Id., at pp. 15-16.
4 Sec. 412. Conciliation.·(a) Pre-condition to filing of complaint in
court.·No complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or instituted
directly in court or any other government office for adjudication, unless
there has been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or pangkat secretary as
attested to by the lupon chairman or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
271
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By the assailed Order of February 10, 2003, Branch 23 of
the Isabela RTC at Roxas granted respondentÊs Motion to
Dismiss in this wise:
xxx
Consequently, the Court is [of] the opinion that the said
Attorney-in-fact shall be deemed to be the real party in
interest, reading from the tenor of the provisions of the Special
Power of Attorney. Being a real party in interest, the Attorney-in-fact
is therefore obliged to bring this case first before the Barangay
Court. Sec. 3, Rule 3 of the Rules of Court provides that „Where the
action is al-
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SUPREME COURT REPORTS ANNOTATED VOLUME 475 12/1/19, 12:24 PM
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9 Ibid.
10 145 SCRA 635 (1996).
273
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SUPREME COURT REPORTS ANNOTATED VOLUME 475 12/1/19, 12:24 PM
principal,
274
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13
the 1996 case of Agbayani cited by petitioner, was decided
under the provisions of P.D. No. 1508 (Katarungang
Pambarangay) Law which were, except for some
modifications, echoed in Sections 408-409 of the Local
Government Code which took effect on January 1, 1992,
held that the Tavora ruling remained.
To construe the express statutory requirement of actual
residency as applicable to the attorney-in-fact of the party-
plaintiff, as contended by respondent, would abrogate the
meaning 14 of a „real party in interest‰ as defined in Section 2
of Rule 3 of the 1997 Rules of Court vis-à-vis Section 3 of
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SUPREME COURT REPORTS ANNOTATED VOLUME 475 12/1/19, 12:24 PM
the same Rule which was earlier quoted but misread and
misunderstood by respondent.
In fine, since the plaintiff-herein petitioner, the real
party in interest, is not an actual resident of the
barangay where the defendant-herein respondent resides,
the local lupon has no jurisdiction over their dispute,
hence, prior referral to it for conciliation is not a pre-
condition to its filing in court.
The RTC thus erred in dismissing petitionerÊs
complaint.
WHEREFORE, the petition is granted. The assailed
February 10, 2003 Order, as well as the March 24, 2003
Order denying reconsideration of the first, of Branch 23 of
the Regional Trial Court of Isabela at Roxas is SET ASIDE.
Said court is accordingly directed to reinstate Civil Case
No. 23-713-02 to its docket and take appropriate action
thereon with dispatch.
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276
SO ORDERED.
Panganiban (Chairman), Corona and Garcia,
JJ.,concur.
Sandoval-Gutierrez, J.,On Leave.
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24 [2004])
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