Title
Marieta Virginia Cruzcosa and Kemedios Cruzcosa vs. Honorable Judge Hermogenes Concepcion, et al.
Case
No. L-11146
Decision Date
Apr 22, 1957
The Supreme Court deemed the demolition order invalid for violating the co-owners' due process rights by excluding them from the ejectment proceedings.
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Case Digest (No. L-11146)

Facts:

  • On April 23, 1949, Efren Mendoza filed two ejectment complaints against Catalino Cruzcosa and Catalino Cruzcosa, Jr. in the Municipal Court of Manila (C. C. Nos. 7514 and 10693).
  • Mendoza claimed ownership of Lot No. 115, Block No. 3068 in Velasquez, Tondo, Manila, where the defendants were tenants paying P24 monthly rent.
  • Mendoza alleged non-payment of rent since July 1948 and stated he needed the premises for personal use.
  • The Municipal Court ruled in favor of Mendoza.
  • Catalino Cruzcosa sought reconsideration, claiming he was not the real party in interest as the property belonged to his children from his first marriage.
  • The motion for reconsideration was denied, and the defendants appealed to the Court of First Instance, where a motion to dismiss was also denied.
  • A joint trial for C. C. Nos. 10693 and 13205 resulted in a judgment favoring Mendoza.
  • The Court of Appeals acknowledged the house's ownership by Cruzcosa, Jr. and his sisters but upheld the lower court's decision to eject the defendants due to their lease agreement with their father.
  • Following the appellate decision, Mendoza filed for execution, leading to a writ issued on June 4, 1956.
  • Mendoza sought demolition of the defendants' house, which they opposed, claiming co-ownership and exclusion of the sisters from the proceedings.
  • The court ordered demolition on July 18, 1956, if the defendants did not vacate within twenty days.
  • Marieta Virginia Cruzcosa and Remedios Cruzcosa filed a petition for certiorari, which was granted upon posting a P1,000 bond.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that Marieta Virginia Cruzcosa and Remedios Cruzcosa were denied due process as they were not included in the ejectment proceedings, rendering the demolition order null and void.
  • The Court held that laches and estoppel c...(Unlock)

Ratio:

  • The Supreme Court found that Marieta Virginia Cruzcosa and Remedios Cruzcosa were co-owners of the building, necessitating their inclusion in the ejectment proceedings to protect their rights.
  • The Court emphasized that parties with an interest in property must be heard to avoid violating their due process rights.
  • Jurisdiction over a party is e...continue reading

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