Case Digest: Tavora vs Veloso GR No. L-60367

By ResIpsaLoquitor -
Atty. Veustiano Tavora vs. Rosario Veloso
GR No. L-60367                                   September 30, 1982

Venustriano Tavora, a resident of Marikina owns an apartment in Quiapo, which he leased to Julieta Capati, a resident of Quiapo. On account of an alleged violation of the lease contract, Tavora filed an ejectment suit in manila. Capati filed a motion to dismiss on the ground of lack of jurisdiction for failure to bring the dispute first to the barangay for possible amicable settlement under PD 1508.

Judge Veloso dismissed the case for lack of jurisdiction.

Issue:
Whether or not the lupon has jurisdiction over the case?

Ruling:
No, Section 2 of PD 1508 specifies the condition under which the Lupon of a barangay “shall have authority” to bring together the disputants for amicable settlement of their dispute. The parties must be “actually residing in the same city or municipality.” At the same time Sec. 3 of PD 1508 – while reiterating that the disputants must be actually residing in the same barangay or in different barangays within the same city or municipality – unequivocably declares that the Lupon shall have “no authority” over disputes involving parties who actually resides in barangays of different cities or municipalities, except when such barangays adjoin each other.

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