G.R. No. L-62339 October 27, 1983
FACTS:
Nullification is sought by petitioners of the
Order of respondent Judge 1 dated September 28, 1983, dismissing the
civil action instituted by said petitioners against private respondents and
other persons for quieting of title and damages involving three (3) parcels of
land in Dayomaca (Tobuan), Poblacion, Sual, Pangasinan. 2 The Court
sustained the defendants' motion to dismiss "on the ground that ... (it
had) not yet acquired jurisdiction to try the case" because of the failure
of the petitioners to submit the controversy to conciliation proceedings
pursuant to P.D. No. 1508 before filing their complaint with the Court.
RULING:
Since the
dispute between the parties in this case was never within the authority or
jurisdiction of the Barangay Lupon because the parties admittedly reside in
different cities and municipalities (and not in adjoining barangays), there was
no occasion or reason to invoke or apply the rule on venue governing disputes
concerning real property. Petitioners were there-fore under no obligation to
comply with the "precondition" of first referring their dispute with
private respondents to the Barangay Lupon for conciliation and amicable
settlement before instituting their suit in court. Hence, it was incorrect for
the Trial Court to ascribe this obligation to them, and to dismiss their action
for omission to fulfill it.
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