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[EMILIO J. ANDRES v. E. SORIANO](https://www.lawyerly.ph/juris/view/c30d9?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. L-10311, Jun 29, 1957 ]

EMILIO J. ANDRES v. E. SORIANO +

DECISION

101 Phil. 848

[ G. R. No. L-10311, June 29, 1957 ]

EMILIO J. ANDRES AND PAZ BASA ANDRES, PETITIONERS, VS. HON. E. SORIANO, RUPERTO LISING AND NENITA REYES LISING, RESPONDENTS.

D E C I S I O N

PADILLA, J.:

On 17 August 1955 the petitioners  brought an action for detainer against  the  respondent Lisings  in the Municipal Court of Manila.   After denying the defendants' motion to dismiss the complaint and  hearing, the Court rendered judgment  ordering the  respondent Lisings to vacate  the premises described in the complaint and  to pay the petitioners P30 a month beginning June 1955 for the use  and occupation of the premises until they shall  have actually vacated and restored the possession thereof to the plaintiffs, P50 for attorney's fee, and  costs.  From this judgment the respondent Lisings appealed to the Court of First Instance of Manila by filing in due time  a notice  of appeal and, appeal  and supersedeas bonds.  During  the  pendency of the appeal, or on  11  January 1956, the petitionermoved; for execution of the judgment of the Municipal  Court, on the ground that the respondent Lisings  failed to pay or deposit the monthly rental of P30 for December 1955 during the first 10 days of January 1956.   The respondent Lisings objected.  On 24 January 1956 the Court of First Instance of Manila denied the motion for execution for the reason that the  Municipal Court had no  jurisdiction  of the case, the question  of ownership  or title  to the premises being involved  or litigated, and set the ease for hearing of the case in the exercise of its origin

There  is no plausible reason for disturbing the ruling made by the respondent Court to the effect that "the question of title or ownership is necessarily involved" in the case or for  reversing  its order that the "ease be set for trial on the merits on 24 February 1956 at 8:30 a.m. in the exercise  of the original jurisdiction of  this court under section 11, Rule 40  of the Rules of Court."  The record shows that  both  the  petitioners  and  the  respondent Lisings consistently claim  ownership  over  the  premises in question.   The petitioners claim that they are the owners  of the building on 14-C  Lerma,  Sampaloc,  Manila, where a  billard hall is being run and  operated, and that they allowed the respondent Ruperto Lising to reside there as their  employee  in charge of the billiard hall.   The  respondent Lisings, on the other hand, deny vehemently this claim,  alleging that they are the owners of the building and that the true contract of lease is that executed on  14 June 1954 where they, as owners, are the lessors, and the peti- tioners,  their  tenants  or lessees.  The petitioners  base their claim of ownership of the premises upon an agreement of  sale entered into between  them and the respondent Lisings on 21 July 1954.  The respondent Lisings, however, assail  vigorously  the  validity of  the  agreement, on the ground that they were deceived and misled to si

The petitioners maintain that there exists a relationship of landlord-employer  and  tenant-employee  between  them and the respondent Lisings by virtue of the contract of lease entered into  by and between them on 22 July 1954,  where it is stipulated among other things, that the respondent Ruperto Lising shall occupy, free of charge, the mezzanine floor of the building at No. 14-C Lerma, Sampaloc, Manila, as incharge  of the billiard hall to be operated therein, and that he shall be given a compensation to be mutually agreed upon by them later on, which may either be  a  percentage or  a fixed amount.   The  petitioners  argue that because of the contract of lease dated 22 July 1954 the respondents have admitted  their  status as mere   tenants, and that, consequently  they cannot  be  permitted to deny  the title of the petitioners as their  landlords  at  the  commencement of the relationship of landlord and  tenant  between  them, relying upon section  68(6), Rule  123,  on conclusive presumptions and  upon the case of  Sevilla vs. Tolentino, 51 Phil. 333.  However, an examination of the pleadings filed in the case reveals that the contract of lease dated 22 July 1954,  upon  which the  petitioners  based their action for detainer  against the  respondent Lisings  in the Municipal Court,  was not attached to the complaint and  pleaded, as required  by  secti

The petition for mandamus and injunction ig denied, with costs against the petitioners.

Paras, C. J., Bengzon, Montemayor, Reyes, A.,  Bautista Angelo, Labrador,  Concepcion, Reyes, J. B. L., Endencia, and  Felix, JJ.,  concur.



1 Teodoro vs. Balatbat, 94 Phil., 277, 50 Off. Gaz. 601; and Cana- veral vs. Encamacion, 9o Phil.,, 848, 50 Off., Gaz. [10]- 4769.

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