People v JULIO RECTO (October 17, 2001, PANGANIBAN)

I!e 1" Whether the accused was guilty of direct assault in Criminal Case
Nos. 1970 (against Barangay tanod Melchor Recto and case 1971 (against
Barangay ca!tain "erci#al $r%e
Pet#t#o$er& claims that he 'did not mind( the two #ictims %ecause they were
not his enemies. )e testi*ed that the de sa%og gun had merely mis*red and
hit them.
%el&" +he trial court erred in con#icting the accused of ,uali*ed direct
assault with frustrated homicide. -nstead the accused should %e con#icted of
the com!le. crime of ,uali*ed direct assault with attem!ted homicide.
R't#o"
/irect assault0 a crime against !u%lic order0 1rt 123 R"C0 may %e committed
in two ways&
frst0 %y 'any !erson or !ersons who0 without a !u%lic u!rising0 shall
em!loy force or intimidation for the attainment of any of the !ur!oses
enumerated in de*ning the crimes of re%ellion and sedition4( and
second0 %y any !erson or !ersons who0 without a !u%lic u!rising0 'shall
attac50 em!loy force0 or seriously intimidate or resist any !erson in
authority or any of his agents0 ()#le e$*'*e& #$ t)e per+or,'$ce
o+ o-c#'l &!t#e0 or on occasion of such !erformance.(
+he *rst mode is tantamount to re%ellion or sedition0 without the element of
!u%lic u!rising. +he second mode is the more common form of assault0 and
is aggra#ated when&
a the assault is committed with a wea!on0 or
% when the o6ender is a !u%lic o7cer or em!loyee0 or
c when the o6ender lays a hand u!on a !erson in authority.
1n agent of a !erson in authority is0 according to 1rt. 89. Re#ised "enal Code
'any !erson who0 %y direct !ro#ision of law or %y election or %y a!!ointment
%y com!etent authority0 is charged with the maintenance of !u%lic order and
the !rotection and security of life and !ro!erty0 such as %arrio councilman0
%arrio !oliceman and %arangay leader0 and any !erson who comes to the aid
of !ersons in authority.(
+here was no direct assault with regard to case 19700 the #ictim0 Melchor
Recto :: %eing the %arangay chief tanod of 1m%ulong0 Magdiwang0 Rom%lon
:: was clearly an agent of a !erson in authority. )owe#er he was not
'engaged in the !erformance of his o7cial duties( at the time he was shot.
Neither was he attac5ed 'on the occasion of such !erformance.( -t must %e
em!hasi;ed that Melchor Recto was on his way home when he ha!!ened to
!ass %y the bodega of the Rance cou!le where an in#atigation %y the other
%arangay o7cials was ongoing. $r%e re,uested Melchor Recto to stay as he
might %e needed . When accused<s grou! arri#ed0 it was Barangay Ca!tain
"erci#al $r%e and =agawad 1ntonio Macali!ay who tal5ed to the grou!.
Melchor did not do anything to a#ert the tension. )e only watched what was
trans!iring and later hid himself when the *rst shot was *red. +hin5ing that
accused had already left the %odega0 Melchor0 while hiding inside the old
%athroom for se#eral minutes0 decided to >um! out of a %ro5en down window
and ran towards the national road.
Clearly0 from his arri#al at the scene of the crime to his de!arture therefrom0
Melchor was not engaged in the !erformance of his o7cial duties. Neither
was he attac5ed on the occasion thereof. While Melchor Recto was indeed a
%arangay chief tanod4 howe#er0 at the crime scene he was merely a
%ystander. 1!!arently0 he was not acting and had no occasion to act in the
!erformance of his o7cial duties that afternoon. +hus0 the attac5 on him did
not amount to direct assault.
)owe#er0 there was direct assault with regard to Criminal Case No. 1971. +he
trial court was correct in ruling that the attac5 on "erci#al $r%e ? then a
%arangay ca!tain0 a !erson in authority:: amounted to ,uali*ed direct
assault0 %ecause he was attac5ed on the occasion of the !erformance of his
duty of maintaining !u%lic order. 1t the time0 he was attem!ting to !acify
accused and to 5ee! the !eace %etween the two grou!s.
@urther0 what the accused committed was not frustrated homicide0 %ut rather
attem!ted homicide. 1 felony 'is frustrated when the o6ender !erforms all
the acts of e.ecution which would !roduce the felony as a conse,uence %ut
which0 ne#ertheless0 do not !roduce it %y reason of causes inde!endent of
the will of the !er!etrator.(
With regard to Melchor Recto0 for reasons other than his own desistance0 the
accused was not a%le to !erform all the acts of e.ecution necessary to
consummate the 5illing0 since the wounds he inAicted were not mortal. -f the
wounds would not normally cause death0 then the last act necessary to
!roduce homicide has not %een !erformed %y the o6ender. +hus0 accused<s
lia%ility amounted only to attem!ted0 not frustrated0 homicide.
With regard to $r%e0 the nature of the wea!on used %y the accused
unmista5a%ly shows that he intended to 5ill $r%e. )owe#er0 li5e the wounds
inAicted %y the accused on Melchor Recto0 those on $r%e were not fatal.
B#idently0 accused had not yet %een a%le to !erform all the acts of e.ecution
necessary to %ring a%out the death of $r%e0 %ecause the latter was a%le to
run away after %eing *red at. 1lthough accused had already directly
commenced the commission of a felony %y o#ert acts (shooting $r%e with a
de sa%og0 he was not a%le to consummate that felony for some reason other
than his s!ontaneous desistance. +hus0 he committed attem!ted homicide.
I!e 2& whether the accused is guilty of Cuali*ed /irect 1ssault with
Murder when he shot 1ntonio Macali!ay.
%el&& No0 the accused should %e held lia%le for the com!le. crime of
,uali*ed direct assault with homicide
Considering that 1ntonio Macali!ay was a 5agawad who was in the actual
!erformance of his duties when he was shot0 the attac5 on him constituted
direct assault.
Dection 1E of 1rticle 12 of the R"C states that 'there is treachery when the
o6ender commits any of crimes against the !erson0 em!loying means0
methods0 or forms in the e.ecution thereof which tend directly and s!ecially
to insure its e.ecution0 without ris5 to himself arising from the defense which
the o6ended !arty might ma5e.(
-n this case0 the accused was out in the o!en during the entire s!an of time
from the heated discussion0 to the %rewing of the #iolence0 and u! to the
shooting of Macali!ay. 1t the time0 his e#ery action0 which indicated the
imminence of more #iolence0 was #isi%le to them :: to the #ictim and the
latter<s com!anions. +he accused was actually #ulnera%le to any attac5 that
they could ha#e made at the time0 had they chosen to. )is mode of attac5
was therefore not without ris5 to himself. 1%sent treachery0 the 5illing is
homicide0 not murder. +he facts show that&
@irst0 the #ictim<s grou! (1E outnum%ered those of accused (7.
Decond0 the heated confrontation arose as a conse,uence of an earlier
>udgment in fa#or of accused<s grou!. +his case strained the relations of the
!arties who were related %y %lood and marriage. -n short0 the confrontation
was not totally une.!ected.
+hird0 %oth grou!s were armed.
@ourth0 accused<s grou! as5ed the !olice station commander to assem%le the
wor5ers of the dis!uted rice *eld to inform them of the trial court<s /ecision
awarding the land to Cornelio Regis Fr. @or this reason0 the mem%ers of the
grou! were there to start collecting the landlord<s share of the har#est
starting 1!ril 130 1992.
@ifth0 accused was holding a fan 5nife during the heated confrontation0
%efore he !ulled out the shotgun and !ointed it at the other grou!.
Macali!ay0 in a %old %ut foolish attem!t0 ste!!ed forward in front of accused
and told him& 'No0 don<t0 %ecause we will >ust settle this( u!on which
accused *red his gun0 5illing the #ictim.
B#idently0 the #ictim had all the o!!ortunity to esca!e or defend himself
from the aggression that was to ensue0 yet chose not to gra% the o!!ortunity
and instead !laced himself in a !osition more o!en to attac5.G B,ually
im!ortant0 his #ulnera%le !osition had not %een deli%erately sought %y the
accused. -t was thrust on the latter %y the #ictim himself. -n short0 the
accused did not deli%erately choose the mode of attac5 to 5ill the #ictim with
im!unity and without ris5 to himself.
1!!lying the !ro#isions of 1rticles 123 (direct assault0 929 (homicide and
23 (!enalty for com!le. crimes0 a!!ellant should %e held lia%le for the
com!le. crime of ,uali*ed direct assault with homicide.
P.D. No. 1508, Katarungang Pambarangay Law
PRESIDENTIAL DECREE No. 1508
ESTABLISIN! A S"STE# $% A#ICABL" SETTLIN! DISP&TES AT TE
BARAN!A" LE'EL
WHEREAS, the perpetuation and official recognition of the time-honored tradition of amicably
settling disputes among family and barangay members at the barangay level without judicial
resources would promote the speedy administration of justice and implement the constitutional
mandate to preserve and develop ilipino culture and to strengthen the family as a basic social
institution!
WHEREAS, the indiscriminate filing of cases in the courts of justice contributes heavily and
unjustifiably to the congestion of court doc"ets, thus causing a deterioration in the #uality of
justice!
WHEREAS, in order to help relieve the courts of such doc"et congestion and thereby enhance
the #uality of justice dispensed by the courts, it is deemed desirable to formally organi$e and
institutionali$e a system of amicably settling disputes at the barangay level!
%&W, 'HERE&RE, (, ER)(%A%) E* +AR,&S, -resident of the -hilippines, by virtue of
the powers vested in me by the ,onstitution, do hereby order and decree the following.
Section /* Lupong Tagapayapa a0 Creation. 'here is hereby created in each barangay a body to
be "nown as 1upong 'agapayapa 2hereinafter referred to as 1upon0 composed of the 3arangay
,aptain as chairman and not less than ten 2/40 nor more than twenty 2540 members, to be
constituted every two years in the following manner.
/* Any suitable person actually residing or wor"ing in the barangay, not otherwise e6pressly
dis#ualified by law, and ta"ing into account considerations of integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity, including educational
attainment, may be appointed member!
5* A notice to constitute the 1upon, which shall include the names of proposed members who
have e6pressed their willingness to serve, shall be prepared by the 3arangay ,aptain within
thirty 2740 days after this )ecree shall have become effective, and thereafter within the first ten
2/40 days of 8anuary of every other year* Such notice shall be posted in three 270 conspicuous
places in the barangay continuously for a period of not less than three 270 wee"s!
7* 'he 3arangay ,aptain, ta"ing into consideration any opposition to the proposed appointment
or any recommendation9s for appointment as may have been made within the period of posting,
shall within ten 2/40 days thereafter, appoint as members those whom he determines to be
suitable therefor!
:* Appointments shall be in writing signed by the 3arangay ,aptain and attested by the 3arangay
Secretary!
;* 'he list of appointed members shall be posted in three 270 conspicuous places in the barangay
for the entire duration of their term of office!
<* When used herein.
3arangay refers not only to barrios which were declared barangays by virtue of -residential
)ecree %o* ;;= but also to barangays otherwise "nown as citi$ens assemblies pursuant to
-residential )ecree %o* ><*
3arangay ,aptain refers to the 3arangay ,aptains of the barrios which declared barangay by
virtue of -residential )ecree %o* ;;= and to the ,hairmen of barangays otherwise "nown as
citi$ens assemblies pursuant to -residential )ecree %o* ><*
b0 Oath and Term of Office. ?pon appointment, each member shall ta"e an oath of office before
the 3arangay ,aptain* He shall hold office until )ecember 7/ of the calendar year subse#uent to
the year of his appointment unless sooner terminated by resignation, transfer of residence or
place of wor", or withdrawal of appointment by the 3arangay ,aptain with the concurrence of
the majority of all the members of the 1upon*
c0 Vacancy, Lupon. Should a vacancy occur in the 1upon for any cause the 3arangay ,aptain
shall as soon as possible appoint a suitable replacement* 'he person appointed shall hold office
only for the une6pired portion of the term of the member whom he replaces*
d0 Functions. 'he 1upon shall e6ercise administrative supervision over the conciliation panels
hereinafter provided for* (t shall meet regularly once a month 2/0 to provide a forum for the
e6change of ideas among its members and the public on matters relevant to the amicable
settlement of disputes! and 250 to enable the various panels to share with one another their
observation and e6periences in effecting speedy resolution of disputes*
e0 Secretary of the Lupon. 'he 3arangay Secretary shall concurrently the Secretary of the 1upon*
He shall note the results of the mediation proceedings before the 3arangay ,aptain and shall
submit a report thereon to the proper city or municipal court* He shall also receive and "eep the
records of proceedings submitted to him by the various conciliation panels* He shall issue the
certification referred to in Section < hereof*
f0 Conciliation Panels. 'here shall be constituted for each dispute brought before the 1upon a
conciliation panel to be "nown as -ang"at ng 'agapag"asundo 2hereinafter referred to as
-ang"at0 consisting of three 270 members who shall be chosen by agreement of the parties to the
dispute from the list of membership of the 1upon*
Should the parties fail to agree, they shall, in the presence of the 3arangay ,aptain or Secretary,
ma"e the selection in the following manner. one party, determined by lot, shall stri"e out from
the list one name! the other party shall in turn stri"e out another! the parties shall thereafter
continue alternately to stri"e out names until there shall remain on the list only by four 2:0, three
270 of whom shall be the members of the -ang"at, and the fourth, to be determined by lot, shall
be the alternate*
(n the event any of the four 2:0 remaining names is, for cause to be passed upon solely by the
3arangay ,aptain, still objected to by any party, the procedure provided for in paragraph 2g0
hereunder shall be followed*
Should there be more than one complainant or respondent, each side to the dispute shall choose
its representative to such stri"ing-out process*
'he three 270 members shall elect from among themselves the chairman and the secretary of the
-ang"at*
'he secretary of the -ang"at shall "eep minutes of its proceedings attested by the chairman and
submit a copy thereof to the 1upon Secretary and to the proper city or municipal court* He shall
issue and cause to be served notices to the parties and give certified true copies of any public
record in his custody that is not by law otherwise declared confidential*
g0 Vacancy, Pangkat. Any vacancy in the -ang"at shall be filled by the 3arangay ,aptain from
among the other members of the 1upon, to be determined by lot*
h0 Succession to or substitution for arangay Captain. (n the event the 3arangay ,aptain ceases
to hold office or is unable to perform his duties herein provided, the order of
succession9substitution to his position as provided by law shall be followed*
i0 Character of Office. 'he members of the 1upon shall be deemed public officers and persons in
authority, within the meaning of the Revised -enal ,ode*
j0 Character of Ser!ice. 'he members of the 1upon or -ang"at shall serve without any
compensation or allowance whatsoever* Such service by any 1upon or -ang"at
member, whether he be in public or private employment, shall be deemed to be on official time
and no such member shall suffer any diminution in compensation or allowances by reason
thereof*
"0 Legal ad!ice. 'he 3arangay ,aptain or any member of the 1upon or -ang"at may, whenever
he deems it necessary in the e6ercise of his functions under this )ecree, see" the advice of the
legal adviser of the provincial9city9municipal government*
Section 5* Sub"ect matters for amicable settlement. 'he 1upon of each barangay shall have
authority to bring together the parties actually residing in the same city or municipality for
amicable settlement of all disputes e6cept.
/* Where on party is the government, or any subdivision or instrumentality thereof!
5* Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions!
7* &ffenses punishable by imprisonment e6ceeding 74 days, or a fine e6ceeding -544*44!
:* &ffenses where there is no private offended party!
;* Such other classes of disputes which the -rime +inister may in the interest of justice
determine upon recommendation of the +inister of 8ustice and the +inister of 1ocal
@overnment*
Section 7* Venue. )isputes between or among persons actually residing in the same barangay
shall be brought for amicable settlement before the 1upon of said barangay* 'hose involving
actual residents of different barangays within the same city or municipality shall be brought inn
the barangay where the respondent or any of the respondents actually resides, at the election of
the complainant* However, all disputes which involved real property or any interest therein shall
be brought in the barangay where the real property or any part thereof is situated*
'he 1upon shall have no authority over disputes.
/* involving parties who actually reside in barangays of different cities or municipalities, e6cept
where such barangays adjoin each other! and
5* involving real property located in different municipalities*
&bjections to venue shall be raised in the mediation proceedings before the 3arangay ,aptain as
provided for in Section :2b0 hereunder! otherwise, the same shall be deemed waived* Any legal
#uestion which may confront the 3arangay ,aptain in resolving objections to venue herein
referred to may be submitted to the +inister of 8ustice whose ruling thereon shall be binding*
Section :* Procedure for amicable settlement.
a0 #ho may initiate proceedings. Any individual who has a cause of action against another
individual involving any matter within the authority of the 1upon as provided in Section 5 may
complain orally or in writing, to the 3arangay ,aptain of the barangay referred to in Section 7
hereof*
b0 $ediation by arangay Captain. ?pon receipt of the complaint, the 3arangay ,aptain shall,
within the ne6t wor"ing day summon the respondent9s with notice to the complainant9s for them
and their witnesses to appear before him for a mediation of their conflicting interests* (f he fails
in his effort within fifteen 2/;0 days from the first meeting of the parties before him, he shall
forthwith set a date for the constitution of the -ang"at in accordance with the provisions of
Section / of this )ecree*
c0 %earing before the Pangkat. 'he -ang"at shall convene not later than three 270 days from its
constitution, on the day and hour set by the 3arangay ,aptain, to hear both parties and their
witnesses, simplify issues, and e6plore all possibilities for amicable settlement* or this purpose,
the -ang"at may issue summons for the personal appearance of parties and witnesses before it*
(n the event that the party moves to dis#ualify any member of the -ang"at by reason of
relationship, bias, interest or any other similar ground9s discovered after constitution of the
-ang"at, the matter shall be resolved by the affirmative vote of the majority of the -ang"at
whose decision shall be final* Should dis#ualification be decided upon, the procedure provided
for in paragraph 2g0 of Section / shall be followed*
d0 Sanctions* Refusal or willful failure of any party or witness to appear in compliance with the
summons issued pursuant to the preceding two 250 paragraphs may be punished by the city or
municipal court as for direct contempt of court upon application filed therewith by the 1upon
,hairman, the -ang"at ,hairman, or by any of the parties* urther, such refusal or willful failure
to appear shall be reflected in the records of the 1upon Secretary or in the minutes of the -ang"at
Secretary and shall bar the complainant from see"ing judicial recourse for the same cause of
action, and the respondent, from filing any counterclaim arising out of or necessarily connected
therewith*
Willful failure or refusal without justifiable cause on the part of any -ang"at member to act as
such, as determined by the vote of a majority of all the other members of the 1upon, whose
decision thereon shall be final, shall result in his dis#ualification from public office in the city or
municipality for a period of one year*
e0 Time limit. 'he -ang"at shall arrive at a settlement9resolution of the dispute within fifteen 2/;0
days from the day it convenes in accordance with paragraph 2c0 hereof* 'his period shall, at the
discretion of the -ang"at, be e6tendible for another period which shall not e6ceed fifteen 2/;0
days e6cept in clearly meritorious cases*
Section ;* Form of settlement. All amicable settlements shall be in writing, in a language or
dialect "nown to the parties, signed by them and attested by the 3arangay ,aptain or the
,hairman of the -ang"at, as the case may be* When the parties to the dispute do not use the same
language9dialect, the settlement shall be written in the languages9dialect "nown to them*
Section <* Conciliation, pre&condition to filing of complaint. %o complaint, petition, action or
proceeding involving any matter within the authority of the 1upon as provided in Section 5
hereof shall be filed or instituted in court or any other government office for adjudication unless
there has been a confrontation of the parties before the 1upon ,hairman or the -ang"at and no
conciliation or settlement has been reached as certified by the 1upon Secretary or the -ang"at
Secretary, attested by the 1upon or -ang"at ,hairman, or unless the settlement has been
repudiated* However, the parties may go directly to the court in the following cases.
/* Where the accused is under detention!
5* Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings!
7* Actions coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support pendente lite! and
:* Where the action may otherwise be barred by the Statute of 1imitations*
Section =* 'rbitration. 'he parties may, at any stage of the proceedings, agree in writing that
they shall abide by the arbitration award of the 3arangay ,aptain or the -ang"at* Such
agreement to arbitrate may within five 2;0 days from the date thereof, he repudiated for the same
grounds and in accordance with the procedure prescribed in Section /7 hereof* 'he arbitration
award shall be made after the lapse of the period for repudiation and within ten 2/40 days
thereafter*
'he arbitration award shall be in writing in a language or dialect "nown to the parties* When the
parties to the dispute do not use the same language9dialect, the award shall be written in
languages9dialects "nown to them*
Section >* Proceedings public( e)ception. All proceedings for settlement shall be public and
informal. Pro!ided, that the 3arangay ,aptain or the -ang"at, as the case may be, may motu
propio or upon re#uest of a party e6clude the public from the proceedings in the interest of
privacy, decency or public morals*
Section A* 'ppearance of parties in person. (n all other proceedings provided for herein, the
parties must appear in person without the assistance of counsel9representative, with the e6ception
of minors and incompetents who may be assisted by their ne6t of "in who are not lawyers*
Section /4* 'dmissions. Admissions made in the course of any proceedings for settlement may
be admissible for any purpose in any other proceeding*
Section //* *ffect of amicable settlement and arbitration a+ard. 'he amicable settlement and
arbitration award shall have the force and effect of a final judgment of a court, upon the
e6piration of ten 2/40 days from the date thereof unless repudiation of the settlement has been
made or a petition for nullification of the award has been filed before the proper city or
municipal court*
Section /5* *)ecution. 'he amicable settlement or arbitration award may be enforced by
e6ecution within one 2/0 year from the date of the settlement* After the lapse of such time, the
settlement may be enforced by action in the appropriate city9municipal court*
Section /7* ,epudiation. Any party to the dispute may, within ten 2/40 days from the date of
settlement, repudiate the same by filing with the 3arangay ,aptain a statement to that effect
sworn to before him, where the consent is vitiated by fraud, violence or intimidation* Such
repudiation shall be sufficient basis for the issuance of the certification for filing a complaint,
provided for in Section < hereof*
Section /:* Transmittal of settlement and arbitration a+ard to court. 'he Secretary of the 1upon
shall transmit the settlement of arbitration award to the local city or municipal court within five
2;0 days from the date of the award or from the lapse of ten-day period for repudiating the
settlement and shall furnish copies thereof to each of the parties to the settlement and the
3arangay ,aptain*
Section /;* Po+er to administer oaths. 'he 3arangay ,aptain and members of the -ang"at are
hereby authori$ed to administer oaths in connection with any matter relating to all proceedings
provided for in this )ecree*
Section /<* 'dministration( rules and regulations. 2a0 'he +inister of 1ocal @overnment and
,ommunity )evelopment shall see to the efficient implementation and administration of this
)ecree* or this purpose, he shall be empowered to promulgate rules and regulations, upon
consultation with the +inister of 8ustice* (n the process, the +inister of 1ocal @overnment and
,ommunity )evelopment may see" cooperation and coordination from other departments,
agencies or instrumentalities of the %ational @overnment! and such departments, agencies or
instrumentalities are hereby directed to render assistance whenever so re#uested*
2b0 Without prejudice to the provisions of Section 2"0 hereof, legal #uestions arising in the
administration and implementation of this laws shall be submitted to the +inister of 8ustice for
resolution*
Section /=* Separability Clause. (f, for any reason, any provision of this )ecree shall be held to
be unconstitutional or invalid, no other provision hereof shall be affected thereby*
Section />* 'ppropriations. 'o carry out the purposes of this )ecree, there is hereby
appropriated the sum of 'wenty-five +illion -esos 2-5;,444,444*440 from the @eneral unds for
the current year* 'hereafter, the appropriation for such funds as may be necessary for the purpose
shall be provided for in the @eneral Annual Appropriation Acts*
Section /A* *ffecti!ity. 'his )ecree shall ta"e effect si6 2<0 months after its promulgation*
)&%E in the ,ity of +anila, this //th day of 8une, in the year of &ur 1ord, nineteen hundred
and seventy-eight*
AQUINO VS AURE
FACTS
Aure Lending filed a Complaint for ejectment against Aquino. In their Complaint, Aure and Aure Lending alleged that
they acquired the subject property from a Deed of Sale.
Aquino countered that the Complaint lacks cause of action for Aure and Aure Lending do not hae any legal right oer
the subject property.
!e"C rendered in faor of Aquino and dismissed the Complaint for ejectment of Aure and Aure Lending for non#
compliance $ith the barangay conciliation process, among other grounds. "e !e"C obsered that Aure and Aquino
are residents of the same barangay but there is no sho$ing that any attempt has been made to settle the case
amicably at the barangay leel.
%"C affirmed
CA reersed the !e"C and %"C Decisions and remanding the case to the !e"C for further proceedings and final
determination of the substantie rights of the parties.
ISSUE& '()"()% *% +*" +*+#C*!,LIA+C) 'I"( "() -A%A+.A/ C*+CILIA"I*+ ,%*C))DI+.S IS A
01%ISDIC"I*+AL D)2)C" "(A" 'A%%A+"S "() DIS!ISSAL *2 "() C*!,LAI+".
HELD: +*
"here is no dispute herein that the present case $as neer referred to the -arangay Lupon for conciliation before
Aure and Aure Lending instituted Ciil Case +o. 34567. In fact, no allegation of such barangay conciliation
proceedings $as made in Aure and Aure Lending8s Complaint before the !e"C.
It is true that the precise technical effect of failure to comply $ith the requirement of Section 539 of the Local
.oernment Code on barangay conciliation :preiously contained in Section 6 of ,residential Decree +o. 367;< is
much the same effect produced by non#e=haustion of administratie remedies ## the complaint becomes afflicted $ith
the ice of pre#maturity> and the controersy there alleged is not ripe for judicial determination. "he complaint
becomes ulnerable to a motion to dismiss.
?99@
Nevertheless, the conciliation rocess is not a !"ris#ictional
re$"ire%ent, so that non&co%liance there'ith cannot a((ect the !"ris#iction 'hich the co"rt has other'ise
ac$"ire# over the s")!ect %atter or over the erson o( the #e(en#ant*
?9A@
As enunciated in the landmark case of Royales v. Intermediate Appellate Court
?95@
&
*rdinarily, non#compliance $ith the condition precedent prescribed by ,.D. 367; could affect the sufficiency of the
plaintiffBs cause of action and make his complaint ulnerable to dismissal on ground of lack of cause of action or
prematurity> )"t the sa%e 'o"l# not revent a co"rt o( co%etent !"ris#iction (ro% e+ercisin, its o'er o(
a#!"#ication over the case )e(ore it, 'here the #e(en#ants, as in this case, (aile# to o)!ect to s"ch e+ercise o(
!"ris#iction in their ans'er an# even #"rin, the entire rocee#in,s a quo.
'hile petitioners could hae preented the trial court from e=ercising jurisdiction oer the case by seasonably taking
e=ception thereto, they instead inoked the ery same jurisdiction by filing an ans$er and seeking affirmatie relief
from it. 'hat is more, they participated in the trial of the case by cross#e=amining respondent ,lanas. Uon this
re%ise, etitioners cannot no' )e allo'e# )elate#l- to a#ot an inconsistent ost"re )- attac.in, the
!"ris#iction o( the co"rt to 'hich the- ha# s")%itte# the%selves vol"ntaril-* = = = :)mphasis supplied.<
0urisdiction in ejectment cases is determined by the allegations pleaded in the complaint. As long as these allegations
demonstrate a cause of action either for forcible entry or for unla$ful detainer, the court acquires jurisdiction oer the
subject matter. "his principle holds, een if the facts proed during the trial do not support the cause of action thus
alleged, in $hich instance the court ## after acquiring jurisdiction ## may resole to dismiss the action for insufficiency
of eidence.
= = =. The la', as revise#, no' rovi#es instea# that 'hen the $"estion o( ossession cannot )e resolve#
'itho"t #eci#in, the iss"e o( o'nershi, the iss"e o( o'nershi shall )e resolve# onl- to #eter%ine the
iss"e o( ossession* *n its face, the ne$ %ule on Summary ,rocedure $as e=tended to include $ithin the
jurisdiction of the inferior courts ejectment cases $hich like$ise inole the issue of o$nership. "his does not mean,
ho$eer, that blanket authority to adjudicate the issue of o$nership in ejectment suits has been thus conferred on the
inferior courts.
/HEREFORE, premises considered, the instant ,etition is DENIED. "he Court of Appeals Decision dated 34
*ctober 9773 and its %esolution dated ; !ay 9779 in CA#..%. S, +o. CA4AA are hereby AFFIR0ED. Costs against
the petitioner.