Aquino v. Aure

G.R. No.
153567
February 18, 2008
LIBRADA M. AQUINO, petitioner, v. ERNEST S. AURE, respondent.

Rule 8, Sec. 3 Condition Precedent
Facts:
Respondent filed an ejectment case against the petitioner before the
MeTC on the basis of a deed of sale executed by the parties. The petitioner
assailed the complaint on the ground that the respondent has no substantive
right over the property. The MeTC ruled in favor of the petitioner by the reason
that both parties are residents of the same barangay yet no conciliation
proceedings were conducted. Likewise, the MeTC changed the nature of the
case into a not subject to pecuniary estimation hence it has no jurisdiction to
try the case. The respondent elevated the matter before the RTC but the
decision of the MeTC was affirmed.
Undaunted, the respondent appealed the decision of the RTC before the
Court of Appeals to which it ruled favorably. The appellate court ruled that the
failure of the respondent to subject the matter to barangay conciliation is not a
jurisdictional flaw for the petitioner seasonably failed to raise such issue in her
answer. Dismayed by the reversal of the decision, the petitioner filed a petition
for review before the Supreme Court.
Issue:
I.
II.
Whether or not that the non-compliance with barangay conciliation

proceedings is a jurisdictional defect that warrants the dismissal of
the complaint.
Whether or not that the allegation of ownership ousts the MeTC of its
jurisdiction over an ejectment case.
Held:
The petition is dismissed.
I.
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 noncompliance 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 Court24:
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.
In the case at bar, we similarly find that Aquino cannot be allowed to
attack the jurisdiction of the MeTC over Civil Case No. 17450 after
having submitted herself voluntarily thereto. We have scrupulously
examined Aquinos Answer before the MeTC in Civil Case No. 17450
and there is utter lack of any objection on her part to any deficiency
in the complaint which could oust the MeTC of its jurisdcition.
As provided under Section 1, Rule 9 of the 1997 Rules of Civil
Procedure:
Sec. 1. Defenses and objections not pleaded. Defenses and objections
not pleaded either in a motion to dismiss or in the answer are
deemed waived. However, when it appears from the pleadings or the
evidence on record that the court has no jurisdiction over the subject
matter, that there is another action pending between the same parties for
the same cause, or that the action is barred by a prior judgment or by
statute of limitations, the court shall dismiss the claim. (Emphasis

supplied.)
Sec. 8. Omnibus Motion. - Subject to the provisions of Section 1 of Rule 9,
a motion attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so included
shall be deemed waived.
II.
As extensively discussed by the eminent jurist Florenz D. Regalado

in Refugia v. Court of Appeals:
As the law on forcible entry and unlawful detainer cases now stands,
even where the defendant raises the question of ownership in his
pleadings and the question of possession cannot be resolved without
deciding the issue of ownership, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts nevertheless have the
undoubted competence to resolve the issue of ownership albeit only to
determine the issue of possession.
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.
At the outset, it must here be stressed that the resolution of this
particular issue concerns and applies only to forcible entry and unlawful
detainer cases where the issue of possession is intimately intertwined
with the issue of ownership. It finds no proper application where it is
otherwise, that is, where ownership is not in issue, or where the
principal and main issue raised in the allegations of the complaint as
well as the relief prayed for make out not a case for ejectment but one for
recovery of ownership.
Apropos thereto, this Court ruled in Hilario v. Court of Appeals:

Thus, an adjudication made therein regarding the issue of ownership
should be regarded as merely provisional and, therefore, would not bar or
prejudice an action between the same parties involving title to the land.
The foregoing doctrine is a necessary consequence of the nature of
forcible entry and unlawful detainer cases where the only issue to be
settled is the physical or material possession over the real property, that
is, possession de facto and not possession de jure."
In other words, inferior courts are now "conditionally vested with
adjudicatory power over the issue of title or ownership raised by the
parties in an ejectment suit." These courts shall resolve the question of
ownership raised as an incident in an ejectment case where a
determination thereof is necessary for a proper and complete
adjudication of the issue of possession

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G.R. No.

February 18, 2008

LIBRADA M. AQUINO, petitioner, v. ERNEST S. AURE, respondent.

Whether or not that the non-compliance with barangay conciliation

afflicted with the vice of pre-maturity; and the controversy there

statute of limitations, the court shall dismiss the claim. (Emphasis

As extensively discussed by the eminent jurist Florenz D. Regalado

Apropos thereto, this Court ruled in Hilario v. Court of Appeals:

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