Case Digest (G.R. No. L-18535)
Facts:
Valderrama Lumber Manufacturers Company, Inc., G.R. No. L-18535, May 30, 1962, the Supreme Court, Reyes, J., writing for the Court.The petitioner, Valderrama Lumber Manufacturers Company, Inc., had occupied and used a parcel of foreshore land as a log pond since 1958 after obtaining permission from the District Forester of Davao (permit applied for August 18, 1958) and making improvements thereon. To secure its position the petitioner also filed a lease application with the Davao District Land Office on March 30, 1959. On August 30, 1960, however, the Republic, represented by the Secretary of Agriculture and Natural Resources, executed a contract of lease over the same property in favor of L. S. Sarmiento & Company, Inc..
On September 26, 1960 Sarmiento, through counsel, served the petitioner a written demand to vacate the premises within ten days. When petitioner did not comply, Sarmiento instituted an ejectment action in the Justice of the Peace Court of Mabini, Davao (Civil Case No. 33). Petitioner answered and pleaded, among other defenses, prior, peaceful, and open possession since 1958 and the existence of a pending dispute in the Bureau of Lands.
After trial the Justice of the Peace rendered judgment against petitioner on December 15, 1960, ordering vacation of the premises, payment of monthly rentals (P239.82) from September 5, 1960 until surrender, and attorney’s fees and costs. On motion for reconsideration the Justice of the Peace modified the judgment to provide that the defendant should vacate "after the decision shall have become final or sooner upon immediate execution of the judgment pursuant to Section 8, Rule 72 of the Rules of Court," but otherwise denied the motion.
Petitioner timely appealed to the Court of First Instance of Davao, filing a Notice of Appeal and a supersedeas bond (approved by the court in the amount of P2,178.74 and conditioned to stay execution). While the appeal was pending, petitioner allegedly failed to deposit the adjudged monthly rent for February 1961; Sarmiento moved for immediate execution. Over petitioner’s opposition the Court of First Instance granted the motion and the Provincial Sheriff executed the writ on June 21, 1961. Petitioner procured a writ of preliminary injunction from the Supreme Court on June 29, 1961; upon receipt of that writ Sarmiento "allowed the petitioner the use" of the premises. A motion to dissolve the Supreme Court’s injunction was filed July 28, 1961.
Petitioner then applied to this Court for certiorari and prohibition with preliminary and/or preliminary mandatory injunction, alleging that the respondent Judge of the Court of First Instance of Dava...(Subscriber-Only)
Issues:
- Did the Justice of the Peace Court of Mabini, Davao, have jurisdiction over the ejectment action (Civil Case No. 33)?
- If the Justice of the Peace lacked jurisdiction, did the Court of First Instance of Davao and the Provincial Sheriff commit grave abuse of discretion in ordering and enforcing immediate execution of the Just...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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