117 SCRA 953 10/27/1982
FACTS:
Petitioner who actually resides in Roxas St., Dinalupihan,
Bataan, filed with the city Court of Olongapo, an ejectment suit against
private respondent Prescila de los Santos wo leases for P130.00 per month a
room in the former’s residential house at No. 65, 14th St., East
Tapinac, Olongapo City, on the ground that petitioner need the leased premises
for a medical clinic for her daughter.
Private respondent move to dismiss the complaint for
petitioner’s failure to bring the controversy before the Lupon Barangay for
conciliation or settlement which is a precondition to the filing of the
complaint, pursuant to PD No. 1508.
HELD:
Sec 3 of PD No. 1508 is a rule on venue. It presupposes that
a controversy is within the jurisdiction of a Lupong Barangay. It by no means
signifies that all controversies involving interest in real property are within
the jurisdiction of the Lupon Barangay where the property is situation.
In the case at bar, the Lupon Barangay has no jurisdiction
because the parties involved are not residents in the same barangay, nor in
barangays within the same city nor in barangays adjoining each other. Since no
Lupon Barangay has jurisdiction to pass upon the controversy between petitioner
and private respondent, no question of venue anent the barangays where the
complaint should be litigated can be invoked PD 1508 is not applicable and,
necessarily, Sec 3 of said decree is not invocable for the dismissal of this
ejectment suit.
