G.R. No. 111915 September 30, 1999
FACTS:
The MTC of Daet rendered its
decision ordering respondent to vacate the premises and pay the accrued
rentals. On appeal to the RTC, the said decision was affirmed in toto.
The CA, however, reversed the two (2) earlier decisions by dismissing the
complaint on the ground of litis pendentia, failure to comply with the
Katarungang Pambarangay Law (PD 1508); and lack of evidence of prior demand to
vacate before instituting the complaint
RULING:
We find that the MTC had improperly assumed jurisdiction over
the ejectment suit. Referral to the Lupon Chairman or the Pangkat should be
made prior to the filing of the ejectment case under PD 1508. Legal action for
ejectment is barred when there is non-recourse to barangay court. The
Complaint for unlawful detainer, docketed as Civil Case No. 2137, should have
been coursed first to the barangay court. Petitioners cannot rely on the
barangay conciliation proceedings held in the other cases and consider the same
as compliance with the law.
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