Title
Abagat vs. Spouses Clarito
Case
G.R. No. 211966
Decision Date
Aug 7, 2017
Petitioners sought to reclaim land occupied by respondents, who refused to vacate. SC ruled prior barangay conciliation unnecessary as not all petitioners resided in the same city, reversing CA's dismissal.

Case Digest (G.R. No. 263014)
Expanded Legal Reasoning Model

Facts:

  • Acquisition and Succession
    • On August 1, 1967, Wenceslao Abagatnan and his wife Lydia Capote purchased Lot 1472-B (5,046 sqm) in Brgy. Cogon, Roxas City, by Deed of Absolute Sale from Mateo Ambrad and Soteraña Clarito.
    • Lydia died on October 4, 1999, and her children (co-petitioners) inherited her conjugal share in the property.
  • Occupation by Respondents
    • In 1990, respondents Jonathan and Elsa Clarito, distant relatives of Wenceslao, obtained permission to construct a light-materials house on a 480-sqm portion of Lot 1472-B, with the condition they vacate if required by the owner.
    • In September 2006, petitioners decided to sell portions of Lot 1472-B (including the 480-sqm portion); they offered it to respondents, who declined to buy.
  • Demand and Filing of Complaint
    • On October 2, 2006, petitioners served a Demand Letter requiring respondents to vacate within 15 days; respondents refused to comply.
    • On November 10, 2006, petitioners filed a Complaint for Unlawful Detainer and Damages in MTCC Branch 2, Roxas City, alleging barangay conciliation was not required since two petitioners resided outside Roxas City.
  • Lower Courts’ Decisions
    • MTCC (Aug. 17, 2007) ruled for petitioners: ordered respondents to remove structures, pay P500/month occupancy from date of filing, and costs.
    • RTC (Jan. 15, 2008) denied respondents’ appeal: found petitioners’ proof of ownership preponderant and held that the conciliation issue was waived for not being raised in the pre-trial order.
  • Court of Appeals Proceedings
    • CA (June 20, 2013) affirmed the factual findings but dismissed the Complaint without prejudice for failure to secure prior barangay conciliation under Sec. 412, LGC.
    • CA Resolution (Feb. 3, 2014) denied petitioners’ motion for reconsideration; petitioners then filed a Rule 45 petition before the Supreme Court.

Issues:

  • Whether the CA correctly dismissed the Complaint for failure to comply with the mandatory barangay conciliation requirement under Section 412 of the Local Government Code, despite some real parties in interest residing outside the same city or municipality.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.