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    Aquino Vs Aure Digest

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    xyrakrezel
    This case discusses whether non-compliance with barangay conciliation proceedings warrants dismissal of a complaint for ejectment. The Court held that while non-compliance affects the sufficiency of the cause of action and makes the complaint vulnerable to dismissal, it does not prevent the court from exercising jurisdiction over the case. As long as the complaint alleges a valid cause of action for ejectment, the court has jurisdiction regardless of whether facts proved support that cause of action. The Court affirmed the appellate court's reversal of the dismissal, finding jurisdiction was established and non-compliance with conciliation does not deprive the court of jurisdiction acquired over the subject matter and parties.

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    Aquino Vs Aure Digest

    Uploaded by

    xyrakrezel
    1K views1 page
    This case discusses whether non-compliance with barangay conciliation proceedings warrants dismissal of a complaint for ejectment. The Court held that while non-compliance affects the sufficiency of the cause of action and makes the complaint vulnerable to dismissal, it does not prevent the court from exercising jurisdiction over the case. As long as the complaint alleges a valid cause of action for ejectment, the court has jurisdiction regardless of whether facts proved support that cause of action. The Court affirmed the appellate court's reversal of the dismissal, finding jurisdiction was established and non-compliance with conciliation does not deprive the court of jurisdiction acquired over the subject matter and parties.

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    Aquino vs Aure digest

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    This case discusses whether non-compliance with barangay conciliation proceedings warrants dismissal of a complaint for ejectment. The Court held that while non-compliance affects the sufficiency of the cause of action and makes the complaint vulnerable to dismissal, it does not prevent the court from exercising jurisdiction over the case. As long as the complaint alleges a valid cause of action for ejectment, the court has jurisdiction regardless of whether facts proved support that cause of action. The Court affirmed the appellate court's reversal of the dismissal, finding jurisdiction was established and non-compliance with conciliation does not deprive the court of jurisdiction acquired over the subject matter and parties.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views1 page

    Aquino Vs Aure Digest

    Uploaded by

    xyrakrezel
    This case discusses whether non-compliance with barangay conciliation proceedings warrants dismissal of a complaint for ejectment. The Court held that while non-compliance affects the sufficiency of the cause of action and makes the complaint vulnerable to dismissal, it does not prevent the court from exercising jurisdiction over the case. As long as the complaint alleges a valid cause of action for ejectment, the court has jurisdiction regardless of whether facts proved support that cause of action. The Court affirmed the appellate court's reversal of the dismissal, finding jurisdiction was established and non-compliance with conciliation does not deprive the court of jurisdiction acquired over the subject matter and parties.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    G.R. No.

    153567 February 18, 2008


    LIBRADA M. AQUINO, petitioner,
    vs.
    ERNEST S. AURE1, respondent.

    FACTS
    Aure Lending filed a Complaint for ejectment against Aquino. In their Complaint, Aure and Aure Lending alleged that they acquired
    the subject property from a Deed of Sale.

    Aquino countered that the Complaint lacks cause of action for Aure and Aure Lending do not have any legal right over the subject
    property.

    MeTC rendered in favor of Aquino and dismissed the Complaint for ejectment of Aure and Aure Lending for non-compliance with
    the barangay conciliation process, among other grounds. Te MeTC observed that Aure and Aquino are residents of the same
    barangay but there is no showing that any attempt has been made to settle the case amicably at the barangay level.

    RTC affirmed.

    CA reversed the MeTC and RTC Decisions and remanding the case to the MeTC for further proceedings and final determination of
    the substantive rights of the parties.

    ISSUE: WHETHER OR NOT NON-COMPLIANCE WITH THE BARANGAY CONCILIATION PROCEEDINGS IS A


    JURISDICTIONAL DEFECT THAT WARRANTS THE DISMISSAL OF THE COMPLAINT.

    HELD: NO

    There is no dispute herein that the present case was never referred to the Barangay Lupon for conciliation before Aure and Aure
    Lending instituted Civil Case No. 17450. In fact, no allegation of such barangay conciliation proceedings was made in Aure and
    Aure Lendings Complaint before the MeTC.

    It is true that the precise technical effect of failure to comply with the requirement of Section 412 of the Local Government Code on
    barangay conciliation (previously contained in Section 5 of Presidential Decree No. 1508) is much the same effect produced by
    non-exhaustion of administrative remedies -- the complaint becomes afflicted with the vice of pre-maturity; and the controversy
    there alleged is not ripe for judicial determination. The complaint becomes vulnerable to a motion to dismiss. Nevertheless, the
    conciliation process is not a jurisdictional requirement, so that non-compliance therewith cannot affect the jurisdiction
    which the court has otherwise acquired over the subject matter or over the person of the defendant.

    As enunciated in the landmark case of Royales v. Intermediate Appellate Court:


    Ordinarily, non-compliance with the condition precedent prescribed by P.D. 1508 could affect the sufficiency of the plaintiff's cause
    of action and make his complaint vulnerable to dismissal on ground of lack of cause of action or prematurity; but the same would
    not prevent a court of competent jurisdiction from exercising its power of adjudication over the case before it, where the
    defendants, as in this case, failed to object to such exercise of jurisdiction in their answer and even during the entire
    proceedings a quo.

    While petitioners could have prevented the trial court from exercising jurisdiction over the case by seasonably taking exception
    thereto, they instead invoked the very same jurisdiction by filing an answer and seeking affirmative relief from it. What is more, they
    participated in the trial of the case by cross-examining respondent Planas. Upon this premise, petitioners cannot now be
    allowed belatedly to adopt an inconsistent posture by attacking the jurisdiction of the court to which they had submitted
    themselves voluntarily. x x x (Emphasis supplied.)

    Jurisdiction in ejectment cases is determined by the allegations pleaded in the complaint. As long as these allegations demonstrate
    a cause of action either for forcible entry or for unlawful detainer, the court acquires jurisdiction over the subject matter. This
    principle holds, even if the facts proved during the trial do not support the cause of action thus alleged, in which instance the court
    -- after acquiring jurisdiction -- may resolve to dismiss the action for insufficiency of evidence.

    x x x. The law, as revised, now provides instead that when the question of possession cannot be resolved without
    deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession. On
    its face, the new Rule on Summary Procedure was extended to include within the jurisdiction of the inferior courts ejectment cases
    which likewise involve the issue of ownership. This does not mean, however, that blanket authority to adjudicate the issue of
    ownership in ejectment suits has been thus conferred on the inferior courts.

    WHEREFORE, premises considered, the instant Petition is DENIED. The Court of Appeals Decision dated 17 October 2001 and its
    Resolution dated 8 May 2002 in CA-G.R. SP No. 63733 are hereby AFFIRMED. Costs against the petitioner.

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