Case Digest (G.R. No. 56011)
Facts:
Elmer Peregrina, Adelaida Peregrina and Cecilia Peregrina v. Hon. Domingo D. Panis, Procopio Sanchez and Carmelita Sanchez, G.R. No. 56011, October 31, 1984, Supreme Court First Division, Melencio‑Herrera, J., writing for the Court. Petitioners sought certiorari and prohibition with preliminary injunction to restrain respondent Judge Panis of the Court of First Instance of Zambales & Olongapo City, Branch III, from proceeding with a civil suit filed by respondents Spouses Procopio and Carmelita Sanchez; the Court granted a Temporary Restraining Order pending resolution.The Spouses filed a complaint in the trial court against the Peregrinas for damages: alleged violation of dignity, privacy and peace of mind under Article 26 of the Civil Code and alleged defamation under Article 33. The parties are undisputed residents of the same barangay and neighbors. The complaint did not allege any prior conciliation before the Lupon Tagapayapa nor that the dispute fell within any statutory exception.
As defendants, the Peregrinas moved to dismiss the complaint for failure to comply with the conciliation requirement of P.D. No. 1508. Before filing their opposition, the Spouses sought a Writ of Preliminary Attachment. The Spouses opposed the motion to dismiss, invoking Section 6(3) of P.D. No. 1508 to argue that actions "coupled with provisional remedies" may be brought directly to court.
Respondent Judge initially dismissed the complaint for failure to comply with the barangay conciliation precondition. On the Spouses' motion for reconsideration, however, the Judge reversed and denied the Peregrinas' motion to dismiss, reasoning that under Rule 57, Section 1 of the Rules of Court an application for attachment may be made at the commence...(Subscriber-Only)
Issues:
- Did the trial court err in denying the Peregrinas' motion to dismiss for non‑compliance with the barangay conciliation requirement of P.D. No. 1508, thereby assuming jurisdiction prematurely?
- Can the Spouses' application for a Writ of Preliminary Attachment, filed after suit commenced, legitimately excuse non‑compliance with the Lupon conciliation requirement and render a writ of attachment available in a dam...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)