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.

Comments

Post a Comment

Popular posts from this blog

Case Digest: Ebralinag vs The Division Superintendent of Schools of Cebu GR No 95770 95887

By ResIpsaLoquitor -
Ebralinag, et al. vs. The Division Superintendent of Schools of Cebu GR Nos. 95770 and 95887                                                     March 1, 1993 Facts: The petitioners (Ebralinag, et al.) are elementary and high school students who were expelled from their classes by public school authorities for refusing to salute the flag, sing the national anthem and recite the patriotic pledge as required by RA 1265 and Department Order No. 8 of the DepEd. Jehovah's Witnesses admittedly teach their children not to salute the flag, sing the national anthem, and recite the patriotic pledge for they believe that those are "acts of worship" or "religious devotion” which they "cannot conscientiously give . . . to anyone or anything except God". They feel bound by the Bible's command to "guard ourselves from idols — 1 John 5:21". They consider the flag as an image or idol representing the State (p. 10, Rollo). They think the action of th
Read more

Tax Case Digest: ABAKADA Guro Party List vs. Ermita GR No 168056

By PactaSuntServanda -
ABAKADA Guro Party List vs. Ermita G.R. No. 168056                                       September 1, 2005 Facts: ABAKADA GURO Party List, et al., filed a petition for prohibition o questioning the constitutionality of Sections 4, 5 and 6 of R.A. No. 9337, amending Sections 106, 107 and 108, respectively, of the National Internal Revenue Code (NIRC).  Section 4 imposes a 10% VAT on sale of goods and properties; Section 5 imposes a 10% VAT on importation of goods; and Section 6 imposes a 10% VAT on sale of services and use or lease of properties; These provisions contain a provision which authorizing the President, upon recommendation of the Secretary of Finance, to raise the VAT rate to 12%, effective January 1, 2006, after specified conditions have been satisfied. Issues: Whether or not there is a violation of Article VI, Section 24 of the Constitution. Whether or not there is undue delegation of legislative power in violation of Article VI Sec 28(2) of the
Read more

Case Digest: Estrada vs Escritor 492 SCRA 1 AM No P-02-1651

By ResIpsaLoquitor -
Estrada vs. Escritor, 492 SCRA 1, A.M. No. P-02-1651,  August 4, 2003 Facts: Escritor is the Court Interpreter of RTC Branch 253 of Las Piñas City. Estrada requested an investigation of respondent for cohabiting with a man not her husband and having a child with the latter while she was still married.Estrada believes  that Escritor is committing a grossly immoral act which tarnishes the image of the judiciary, thus she should not be allowed to remain employed  therein as it might appear that the court condones her act. Escritor admitted the above-mentioned allegations but denies any liability for the alleged gross immoral conduct for the reason that she is a member of the religious sect Jehovah’s Witness and Watch Tower Society and her conjugal arrangement is approved and is in conformity with her religious beliefs. She further alleged that they executed a “Declaration of Pledging Faithfulness” in accordance with her religion which allows members of Jehovah’s Witnesses who h
Read more