Case Digest (G.R. No. 42185)
Facts:
The case of Quintin de Borja vs. Jose de Borja (G.R. No. 42185) was decided on September 10, 1935. The plaintiff, Quintin de Borja, acted as the administrator of the estate of the deceased Marcelo de Borja, seeking to recover possession of a building located at No. 1551 Azcarraga Street, Manila, along with unpaid rent. The rent was claimed at P30 per month from June 1, 1921, to November 30, 1927, and P50 per month from December 1, 1927, until the property was returned. The defendant, Jose de Borja, denied the allegations and filed two counterclaims: the first for P23,400 for the rent of a tinaja factory in San Felipe Neri, Rizal, from June 13, 1922, to March 15, 1932, and the second for P5,082.97, which included funeral expenses for Marcelo de Borja, firewood provided to the plaintiff, and one-third of the advances made by the defendant for the estate's registration and administration of the Hacienda de Jalajala. The plaintiff countered that the defendant's claims w...
Case Digest (G.R. No. 42185)
Facts:
- Assignment of the Case: The case was initially assigned to the First Division of the court. After a decision was rendered, it was set aside upon a motion by the defendant, as the total claims exceeded P10,000. The defendant suggested reassigning the case to the Second Division, but the court rejected this suggestion, citing Act No. 4023, which allows equal distribution of cases between divisions.
- Plaintiff's Claim: Quintin de Borja, as the administrator of the estate of Marcelo de Borja, sought to recover possession of a building located at 1551 Azcarraga Street, Manila, and unpaid rent at varying rates from June 1, 1921, to the date of restitution.
- Defendant's Counterclaims:
- First Counterclaim: Rent for a tinaja factory at P200 per month from June 13, 1922, to March 15, 1932, totaling P23,400.
- Second Counterclaim: P5,082.97, including funeral expenses for Marcelo de Borja (P200), firewood supplied to the plaintiff (P823.02), and one-third of advances made for the Hacienda de Jalajala (P4,059.93).
- Lower Court’s Decision:
- The defendant was found liable for rent at P30 per month until December 1, 1927, and P50 thereafter.
- The plaintiff was ordered to pay the defendant P200 per month for the tinaja factory from December 7, 1927, to March 15, 1932, P200 for funeral expenses, P823 for firewood, and P4,059.93 for Hacienda de Jalajala advances.
- Appeals: Both parties appealed the lower court’s decision.
Issue:
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Ruling:
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Ratio:
- Res Judicata: Claims previously adjudicated in another case (G.R. No. 34478) cannot be relitigated.
- Tacit Acceptance of Rent Increase: The defendant’s failure to object to the rent increase in November 1927 constituted tacit acceptance.
- Prescription and Lack of Merit: The defendant’s claim for advances to the Hacienda de Jalajala was filed too late and lacked merit, as the payments were made from his father’s funds, not his own personal funds.