Case Digest (G.R. No. L-28087)
Facts:
Bormaheco, Inc. v. Eleuterio V. Abanes, G.R. No. L-28087, July 13, 1973, Supreme Court First Division, Fernando, J., writing for the Court. The appellant, Bormaheco, Inc., purchased a parcel of land in Punta, Santa Ana, Manila from the National Shipyard and Steel Corporation (Nassco) at public bidding on June 26, 1964. After purchase, appellant discovered that the respondents—Eleuterio V. Abanes and ten others—were occupying portions of the parcel; appellant notified them to vacate and, on April 10, 1965, filed a complaint for ejectment in the City Court (municipal court).The respondents admitted the demand to vacate but pleaded longstanding possession, asserting occupation since as early as 1949 under contracts with the Alien Property Administration (predecessor of Nassco). They invoked Section 3 of Republic Act No. 477, claiming a statutory preferential right to acquire the lots as bona fide occupants and thus raised a substantive claim affecting title or ownership.
The City Court ruled for appellant. On appeal the Court of First Instance (CFI) reversed and dismissed the ejectment complaint, holding the City Court lacked jurisdiction because appellant had not shown prior physical possession and because adjudication would require resolution of substantive rights (including the claimed preferential rights under RA 477) which were being raised in a separate pending civil action (Civil Case No. 62097 filed August 5, 1965). Appellant appealed to the Supreme Court by direct appeal (the appeal was taken May 9, 1967, p...(Subscriber-Only)
Issues:
- Did the Court of First Instance err in dismissing the ejectment complaint on the ground that the City Court lacked jurisdiction because appellant had not shown prior physical possession?
- Did the Court of First Instance correctly decline to decide the defendants' claim of preferential rights under Section 3 of Republic Act No. 477 in the s...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)