This case has been cited 2 times or more.
|
2005-11-11 |
CALLEJO, SR., J. |
||||
| The MTC ruled that it had jurisdiction over the action: the property subject matter of the case was the house occupied by the defendant, while the subject matter of DARAB Case No. 4471 was the landholding and the issue therein was whether Ramos was an agricultural tenant on the property. The MTC held that the issue before it was limited to who, as between the parties, had the right of possession over the two-storey building situated on the property. Thus, even if the DARAB ruled that Ramos was a tenant, he would still not be entitled to possess the house. Besides, according to the court, Ramos failed to prove that he was an agricultural tenant on the landholding. Citing Atienza v. Court of Appeals[14] and First Philippine International Bank v. Court of Appeals,[15] the MTC maintained that the case before it and DARAB Case No. 4471 could proceed independently of each other. | |||||
|
2005-11-11 |
CALLEJO, SR., J. |
||||
| The Court also agrees with the MTC that the decision of the DARAB would not resolve the issue of who, as between the parties, had the right to the material possession of the house, and any such resolution would not be conclusive on the issue. Indeed, in Atienza, Sr. v. Court of Appeals,[40] this Court held that:The Court has considered the petition for review, the comments of the respondents, and the reply thereto, but has found no reversible error in the decision complained of, hence, it is constrained to deny the petition for lack of merit. Indeed, the award of the lot to the petitioner by the NHA is not a valid defense to the private respondents' action to eject him from the house which admittedly belongs to the private respondents. The only issue in an ejectment suit is the possession of the leased premises (the house) not the ownership of the lot, the award of which to the petitioner is still being contested by Laja in another action (Alvir vs. Vera, 130 SCRA 357; Mediran vs. Villanueva, 37 Phil. 752; Bautista vs. Fernandez, 38 SCRA 549; Vda. De Sengbengco vs. Arellano, 1 SCRA 711). | |||||