II A Villena V Spouses Chavez 415 SCRA 33 2003
II A Villena V Spouses Chavez 415 SCRA 33 2003
II A Villena V Spouses Chavez 415 SCRA 33 2003
In their answer with compulsory counter-claim filed on November 3, 1998, the [petitioners] countered that the [respondents] have no cause of action
to institute the present action, considering that the properties in question are under the community mortgage program implemented by the National
Home Mortgage Finance Corporation. Moreover, the [petitioners] claimed that they are lawful tenants of the premises, and that they have been
paying their equity to their originator, the Urban Land and Development Foundation[,] Inc. However, they were not issued the corresponding receipts
evidencing payment and a copy of their contract. The [petitioners] further averred that they were willing to continue paying their equity until the
same shall have been fully paid, but their originator, without justifiable reason, refused to accept the tender of payment made by them. The
[petitioners] subsequently agreed with their originator that the payment of equity should be continued only upon the release of a Purchase
Commitment Line (PCL).
In addition, the [petitioners] alleged that they are qualified beneficiaries under Republic Act No. 7279, otherwise known as the Urban Development
and Housing Act of 1992; hence, they cannot be summarily evicted and their dwelling houses demolished unless and until they have been relocated.
According to the [petitioners], they are also builders in good faith and should be indemnified for the improvements they constructed on the properties
in question.
The [petitioners] prayed in their answer that the complaint be dismissed; that they be declared lawful tenants and qualified beneficiaries under R.A.
7279; that the [respondents] be ordered to sell the lots in question to them, and to pay attorneys fees and the costs of suit.
After the pre-trial conference, both parties submitted their position papers. On September 15, 1999, MTC Branch II of Angeles City rendered a
decision dismissing both the [respondents] complaint and the [petitioners] counter-claim, on the ground that the filing of an ejectment case based on
the alleged violation of the parties agreement which has not yet been rescinded is premature, and that it is beyond the competence of the said court to
act on the case, as rescission or specific performance is beyond the jurisdiction of the said court.
The [respondents] appealed such adverse judgment to the RTC of Angeles City, which appeal was raffled to Branch 56 of the said court. On March
29, 2000, RTC Branch 56 of Angeles City rendered a decision affirming in toto the MTC judgment.
Ruling of the Court of Appeals
The CA held that the right of petitioners to continue occupying the subject properties hinged on their continued payment of the agreed amount as
equity. Even after formal letters of demand to vacate the premises had been sent to them, however, they still did not make any effort to pay their
equity to protect their right to continue occupying those lots. Thus, the appellate court ruled that their failure to pay made their occupancy unlawful,
in consequence of which they became subject to an ejectment suit.
The CA rejected the contention of petitioners that they were protected by RA 7279. According to the appellate court, there was no express declaration
by the local government unit that the parcels of land owned by respondents were to be used for socialized housing. Neither was there proof of the
allegation that they had applied therefor under the Community Mortgage Program of the National Home Mortgage Finance Corporation under
Section 31 of RA 7279. Besides, even granting that petitioners were protected under RA 7279, they were still liable to pay amortization or face
eviction.
Likewise debunked was the allegation of petitioners that respondents were not the real parties in interest. Being the owners of the lots occupied by
the former, the latter had a material interest in the suit and stood to be benefited or injured by any judgment affecting those parcels of land.
Hence, this Petition.
The Issues
Petitioners raise the following issues for our consideration:
I. Whether or not the Honorable Court of Appeals committed grave abuse of discretion amounting to lack or excess of jurisdiction in reversing and
setting aside the Decisions of the Municipal Trial Court, Branch II and of the Regional Trial Court, Branch 56 both of Angeles City[;]
II. Whether or not the Honorable Municipal Trial Court has jurisdiction over the case;
III. Whether or not the non-inclusion of the Bagong Silang Homeowners Association Inc., is fatal to respondents[] cause of action[;]
IV. Whether or not ejectment is proper in the case at bar;
V. Whether or not the absence of contractual relation[s] between the respondents and the petitioners bar[s] the filing of any action by the respondents
against the petitioner.
The primordial issue to be resolved is whether unlawful detainer is the proper action to resolve this case. If it is, then the MTC indeed had jurisdiction
over the case, and the CA was correct in overturning the RTCs ruling that the MTC had no jurisdiction over the case.
The Courts Ruling
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of which we are the absolute and exclusive owners, and which comprise the parcels of land being acquired by the members or beneficiaries of the
BAGONG SILANG PHASE III-C HOMEOWNERS ASSOCIATION, at Brgy. Cutud, Angeles City[.]
Based on the admissions of respondents themselves, they entered into an agreement with petitioners. Necessarily, the latters occupancy of the lots in
question was not based merely on the formers tolerance or permission. Thus, petitioners were not necessarily bound by an implied promise to vacate
upon demand, failing which, a summary action for ejectment would have become proper.
The MTCs findings of fact on this point are instructive:
About the only thing that the parties have met on a common ground is that: [Respondents] have entered into an arrangement/agreement with Bagong
Silang Homeowners Association, Inc. that called for the payment of certain amounts as equity for [petitioners] right to continue occupying the lots
with the end in view of eventually becoming the owners thereof, that pursuant to such agreement [petitioners] have paid certain amounts as
acquisition fees or as equity but later discontinued making payments in view of the non-issuance of the so-called purchase commitment line/loan, and
as a consequence, [respondents] are now accusing [petitioners] for violating the agreement and on the basis of such breach of the agreement by
[petitioners], demands for the latter to vacate the lots were made by [respondents].
When respondents alleged that the Bagong Silang Phase III-C Homeowners Association made arrangements with them to allow petitioners and other
members of the association to continue to occupy and ultimately to acquire ownership of the lots in question, respondents explicitly admitted that a
contract had indeed been entered into. The eventual transfer of ownership of real property evidenced that obligation. What is clear is that in their
Complaint, respondents alleged that petitioners had violated the stipulations of their agreement as follows:
11. That the other members of the Ba[g]ong Silang Phase III-C Homeowners Association, Inc., paid to the [respondents] their respective equity for
their right to continue occupying and ultimately acquire ownership of the lots that they occupy, but notwithstanding repeated demands made on them,
up to the present time, the [petitioners] have refused and failed without any justifiable ground or reason to pay their respective equity to the
[respondents], and, in view of such refusal and failure, the [petitioners] have forfeited their right to continue occupying and ultimately acquire
ownership of the lots that they occupy[.]
Petitioners, on the other hand, denied any breach on their part and argued that the principal issue was one of interpretation, enforcement and/or
rescission of the contract. Under these circumstances, proof of violation of the provisions of the contract is a condition precedent to resolution or
rescission. The contract can be declared rescinded only when its nature has been clarified and the eventual violation thereof, if any, has been
established. Upon such rescission, in turn, hinges a pronouncement that the possession of the realty has become unlawful. Thus, the basic issue is not
possession but interpretation, enforcement and/or rescission of the contract -- a matter that is beyond the jurisdiction of the Municipal Trial Court to
hear and determine.
An allegation of a violation of a contract or agreement in a detainer suit may be proved by the presentation of competent evidence, upon which an
MTC judge might make a finding to that effect. But certainly, that court cannot declare and hold that the contract is rescinded, as such power is
vested in the RTC.
The rescission of the contract is the basis of, and therefore a condition precedent for, the illegality of a partys possession of a piece of realty. Without
judicial intervention and determination, even a stipulation entitling one party to take possession of the land and building in case the other party
violates the contract cannot confer upon the former the right to take possession thereof, if that move is objected to.
To be sure, the jurisdiction of a court is determined by the allegations in the complaint. Thus, in ascertaining whether or not an action is one for
unlawful detainer falling within the exclusive jurisdiction of the inferior courts, the averments of the complaint and the character of the relief sought
should be examined.
Also, as correctly pleaded by petitioners, a similar case had been decided by the CA in CA-GR SP No. 58679, in which it ruled that the proper action
should have been a complaint for rescission or specific performance, not for illegal detainer. In that case, the same plaintiffs filed the same charges
against a different but similarly situated set of defendants.
The appellate court ruled therein that there was an existing agreement or contract that determined the nature of the parties relationship. Thus, it held
that the proper action should have been for rescission of contract or specific performance, not unlawful detainer. When the CA Decision was elevated,
this Court denied the appeal for failure to show that a reversible error had been committed by the appellate court. Thereafter, the Decision became
final and executory on April 23, 2002.
Said the appellate court in the previous case:
Inasmuch as the relationship existing between the parties is not a lessor-lessee relationship but one that emanated from the agreement between
appellants and the Urban Land and Development Foundation, Inc., the so-called originator of the Bagong Silang Homeowners Association, Inc., the
relief being sought then by appellants appears to be improper. If ever there was no payment of equity as provided for under the said agreement, the
same cannot be considered as non-payment of rentals. Thus, it cannot be a sufficient basis for filing an ejectment case against appellees, the proper
remedy being an action for rescission of contract or specific performance.
We stress that when a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all
future cases in which the facts are substantially the same. Stare decisis et non quieta movere. Stand by the decisions and disturb not what is settled.
Stare decisis simply means that for the sake of certainty, a conclusion reached in one case should be applied to those that follow if the facts are
substantially the same, even though the parties may be different. It proceeds from the first principle of justice that, absent any powerful
countervailing considerations, like cases ought to be decided alike.
Having ruled that the MTC had indeed no jurisdiction to take cognizance of this case in the first place, we see no more need to address the other
issues raised by petitioners.
WHEREFORE, the Petition is hereby GRANTED and the assailed Decision of the Court of Appeals is OVERTURNED. Consequently, the Decisions
of the MTC and the RTC of Angeles City are REINSTATED. No pronouncement as to costs.
SO ORDERED.
Puno, (Chairman), Sandoval-Gutierrez, Corona, and Carpio-Morales, JJ., concur.