Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 146195. November 18, 2004
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* THIRD DIVISION.
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19(a) permits the filing of such pleading only when the ground for
dismissal of the complaint is anchored on lack of jurisdiction over
the subject matter, or failure by the complainant to refer the
subject matter of his/her complaint “to the Lupon for
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conciliation” prior to its filing with the court. This is clear from
the provisions of Section 18 of the same Rule, which reads: “SEC.
18. Referral to Lupon.—Cases requiring referral to the Lupon for
conciliation under the provisions of Presidential Decree No. 1508
where there is no showing of compliance with such requirement,
shall be dismissed without prejudice, and may be revived only
after such requirement shall have been complied with. This
provision shall not apply to criminal cases where the accused was
arrested without a warrant.”
SANDOVAL-GUTIERREZ, J.:
1
Before us2 is a petition for review on certiorari assailing the
Decision of the Court of Appeals dated September 12, 2000
and its Resolution dated December 1, 2000 in CA-G.R. SP
No. 54541, entitled “Avelina Zamora, et al., petitioners,
versus Heirs of Carmen Izquierdo, represented by the
executrix, Anita F. Punzalan, respondents.”
The records show that sometime in 1973, Carmen
Izquierdo and Pablo Zamora entered into a verbal
stipulation whereby the former leased to the latter one of
her apartment units located at 117-B General Luna Street,
Caloocan City. They agreed on the following: the rental is
P3,000.00 per month; the leased premises is only for
residence; and only a single family is allowed to occupy it.
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(enacted on June 11, 1978) which was repealed by codification in the Local
Government Code of 1991.
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(a) x x x
(b) Mediation by lupon chairman—Upon 9
receipt of the
complaint, the lupon chairman shall, within the next
working day, summon the respondent(s), with notice to
the complainant(s) for them and their witnesses to appear
before him for a mediation of their conflicting interests. If
he fails in his mediation effort within fifteen (15) days
from the first meeting of the parties before him, he shall
forthwith set a date for the constitution of the pangkat in
accordance with the provisions of this Chapter.” (Italics
supplied)
10
Respondents opposed the motion to dismiss, the same
being prohibited under Section 19 of the 1991 Revised Rule
on Summary Procedure. They prayed that judgment be
rendered as may be warranted by 11
the facts alleged in the
complaint, pursuant to Section 6 of the same Rule.12
On July 9, 1998, the MTC issued an Order denying
petitioners’ motion to dismiss and considering the case
submitted for decision in view of their failure to file their
answer to the complaint.
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13
Petitioners filed a motion for reconsideration, contending
that a motion to dismiss the complaint on the ground of
failure to refer the complaint to the Lupon for conciliation
is allowed under Section 19 of the 1991 Revised Rule on
Summary Procedure, which partly provides:
SO ORDERED.”
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therein and the parties have proven so many times in20the past
that they cannot get to settle their differences amicably.”
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II
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