Rufino Magbaleta, Romana B. Magbaleta, and Susana G.

Baldovi,
petitioners, vs. Hon. Arsenio M. Gonong and Catalino Magbaleta,
respondents
Barredo, J. (April 22, 1977)
Facts:
Judge Gonong of the CFI of Ilocos Norte, on August 31, 1976 and October 8,
1976, denied petitioners motion to dismiss the complaint filed against them,
notwithstanding that Catalino is the brother of Rufino Mabaleta, the husband of
Romana.
The suit was to have a parcel of land, which was in the name of Rufino,
declared to be the property of Catalino, who claims that Susana is trying to take
possession of said land from his representative, with her contending that she had
bought the same from the spouses Rufino and Romana. Said orders by the CFI were
also alleged to be issued in violation of NCC 222 and RoC Rule 16, Section 1, there
being no allegation in Catalinos complaint that his suit, being between members of
the same family, contained prior earnest efforts toward a compromise. The refusal
to dismiss the complaint was based on the ground that Susana, the alleged buyer of
the land in dispute, was a stranger, so the aforementioned provisions did not apply.
Issue: WoN the ruling of Judge Gonong was correct
Held: Yes, it was.
Ratio:
Though the Code Commission recognizes the need for compromise before a
lawsuit between family members is allowed, this consideration does not make it
imperative that such efforts to compromise should be a jurisdictional prerequisite
for the maintenance of an action whenever a stranger to the family is a party
thereto, whether as a necessary or indispensable one. One who is a stranger to the
family would not be willing to suffer the delay and complications between or among
relatives, which would require prior compromise efforts. Also, it is neither practical
nor fair that the determination of the rights of a stranger to the family who acquired
some kind of interest in any right or property disputed among its members should
be made to depend on the way the latter would settle their differences among
themselves.