Lack of Conciliation On Appeal Constitutes Waiver)

CASE: Royales v IAC 127 scra 471 (Pampats)
Topic: When to raise non-referral (Raising the defense of

lack of conciliation on appeal constitutes waiver)
Royales v IAC (important points) : In disputes covered by

P.D. 1508, as in the case at bar, the barangay conciliation
process is a pre-condition for the filing of an action in court.
There is no dispute that prior to the filing of the complaint,
the case was never referred to the Barangay Lupon for
conciliation. In fact, respondent Planas failed to allege in his
complaint compliance with this condition precedent.
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.
FACTS: The spouses Apolinar R. Royales and Presentacion

Gregorio, petitioners herein, are the lessees of a residential
house owned by respondent Jose. Planas instituted before the
then City Court of Manila an ejectment suit against
petitioners. Issues having been joined, trial on the merits
ensued. Respondent Planas testified on his own behalf and
was cross-examined by petitioners' counsel.. After the
decision had become final and executory, Planas filed a
motion for execution and the same was granted by the court.
Execution of the judgment was however restrained by the
Regional Trial Court of Manila upon the filing by
petitioners of a petition for certiorari and prohibition with
preliminary injunction, wherein they assailed the said
decision on ground of lack of jurisdiction, allegedly arising
from failure of respondent Planas to submit the dispute to the

Barangay Lupon for conciliation as required by P.D. 1508.
After due hearing, the Regional Trial Court handed down a
decision declaring the judgment of the trial court null and
void for having been rendered without jurisdiction. Having
found that "the parties in the case are residents not only of
the same city, but of the same barangay, Reconsideration of
the decision having been denied, respondent Planas
appealed to the Intermediate Appellate Court, which on
July 12, 1982 promulgated a decision vacating the judgment
of the Regional Trial Court, thus confirming the decision of
the City Court of Manila. Unable to obtain a reconsideration
thereof, petitioners filed the instant petition before this Court.
ISSUE: Whether or not the omission to barangay conciliation
process prior to the filing of an action in court is fatal to the
case? NO.
HELD: 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. Furthermore, it has also been held that after voluntarily
submitting a cause and encountering an adverse decision on
the merits, it is too late for the loser to question the
jurisdiction or power of the court. And it is not right for a
party who has affirmed and invoked the jurisdiction of a court
in a particular matter to secure an affirmative relief, to
afterwards deny that same jurisdiction to escape a penalty.
MTC Decision
RTC Decision
IAC Decision
SC
Decision
***
***Obviously
WHEREFORE
Execution
of
WHEREFORE,
judgment
is
hereby
accordingly
rendered
ordering
defendants and
all
persons
holding
or
claiming
under
them
to
immediately
vacate
the
house located at
No. 1866 Int. I
Oroquieta Street,
Sta. Cruz, Manila,
subject of this
action
and
restore
possession
thereof to the
plaintiff and to
pay to the latter;
1. The sum of
P1,000.00 as and
for
attorney's
fees; and
2. The costs of
suit.
the judgment was

however
restrained by the
Regional
Trial
Court of Manila
upon the filing by
petitioners of a
petition
for
certiorari
and
prohibition
with
preliminary
injunction, wherein
they assailed the
said decision on
ground of lack of
jurisdiction,
allegedly
arising
from
failure
of
respondent Planas
to
submit
the
dispute
to
the
Barangay
Lupon
for conciliation as
required by P.D.
1508
Regional Trial
Court handed
down
a
decision
declaring the
judgment
of
the trial court
null and void
for having been
rendered without
jurisdiction.
Having
found
that "the parties
in the case are
residents
not
only of the same
city, but of the
same barangay,
i.e., Bgy. 336,
Zone 34, District
2,
City
of
Manila,"
the
court ruled:
Like the court of
origin, this court
inappeal ni Planas
sa IAC.
IAC vacating the

judgment of the
Regional
Trial
Court,
thus
confirming
the
decision of the
City
Court
of
Manila
Unable to obtain
a reconsideration
thereof,
petitioners
filed
the
instant
petition
before
this Court.(SC)
,
the
petition
is
hereby
dismissed
and
the
decision of
the
responden
t
Intermedia
te
Appellate
Court
in
AC-G.R.SP-00342
is
hereby
affirmed.
Costs
against
petitioners.
is equally barren
of jurisdiction to
take cognizance
of the subject
controversy
which
was
prematurely filed
with
the
city
court,
even
before it could
be referred to
the
barangay
authorities
for
conciliation
as
explicitly
required under
P.D.
1508,
something
the
private
respondent
admittedly failed
to do. The failure
to
allow
the
LUPON to act on
the controversy
at bar prior to
the institution of
the
instant
ejectment case
did render the
city court, and
even this court,
devoid
of
competence and
jurisdiction
to
pass upon the
present
complaint
of
private
respondent.
There
is,
therefore,
no
recourse left but
to dismiss it,
without
prejudice
to
refiling it after
due observance
of the formalities
prescribed
by
law
on
the
matter.

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CASE: Royales v IAC 127 scra 471 (Pampats)

Topic: When to raise non-referral (Raising the defense of

Royales v IAC (important points) : In disputes covered by

FACTS: The spouses Apolinar R. Royales and Presentacion

from failure of respondent Planas to submit the dispute to the

the judgment was

IAC vacating the

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