G.R. No. L-69334 - Alinsugay vs. Cagampang, Jr.

Petitioner: Servillano Alinsugay, who sought annulment of title and recovery of possession and ownership of land.
Respondents:

Additional Involved Party: Hon. Perfecto M. Cagampang, Jr., Presiding Judge Designate of Branch IX, Regional Trial Court of Bukidnon.

The dispute centers on a parcel of land spanning 3,068 square meters located in Barangay Dologon, Maramag, Bukidnon.
Petitioner filed the case (Civil Case No. 1566) in the Regional Trial Court of Bukidnon alleging title annulment and disputing possession.

The controversy was initially referred to the Punong Barangay of Dologon, Maramag under the provisions of Presidential Decree No. 1508 (Katarungang Pambarangay Law).
The case was docketed as Barangay Case No. 26 with the parties duly notified and summoned for mediation and conciliation.
A key fact is the non-appearance of respondent Esther Cajes during the barangay conciliation proceedings despite due notice, which resulted in the issuance of a “certification to file action” on July 31, 1983 by the Punong Barangay, attested by the Barangay Secretary.

On November 13, 1984, Judge Perfecto M. Cagampang, Jr. dismissed the petition “without prejudice to the filing of the same after the provisions of PD 1508 shall have been complied with,” based partly on the contention that proper barangay procedures (referral to the Pangkat ng Tagapagkasundo) were not complied with.
Respondents argued that:

The trial court lacked jurisdiction because the dispute should have been submitted to the barangay-level mediation first.
The complaint was premature and barred by prescription and laches.

Petitioner, in contrast, maintained that the certification to file action properly enabled him to initiate the suit in court following the failure of respondent Esther Cajes to appear.

Petitioner Alinsugay contended that the dismissal order was a patent nullity and was issued with grave abuse of discretion, particularly since the certification to file action was a proper remedy under PD No. 1508 when one party fails to appear.
The petition led to the filing of a special civil action for certiorari to set aside the dismissal and proceed with the hearing on the merits.

Whether the referral to the Pangkat ng Tagapagkasundo, as mandated under PD No. 1508, is compulsory even when the failure at conciliation is attributable solely to one party’s non-appearance.
Whether the issuance of the certification to file action by the Punong Barangay, in cases where one party fails to appear, complies with the requirements of the Katarungang Pambarangay Law.
Whether the dismissal issued by Judge Cagampang, Jr. for not following the proper procedure under PD No. 1508 was legally sustainable or constituted an abuse of discretion.