Title
Day vs. Regional Trial Court of Zamboanga City, Branch XIII
Case
G.R. No. 79119
Decision Date
Nov 22, 1990
Victorino Day, landowner, sued Go Chu for unlawful detainer over encroachment; RTC erred in reversing MTC via certiorari; SC reinstated MTC ruling, emphasizing proper appeal process.

Case Summary (G.R. No. 79119)

Factual Background

Victorino E. Day is the registered owner of a lot located at Tomas Claudio St., Zamboanga City, under Original Certificate of Title No. P-2667. Go Chu, the private respondent, occupies an area of 101 square meters on this lot with a building he constructed. After repeated requests by Day to vacate, Chu's refusal led to a formal complaint filed by Day on April 17, 1982. The barangay level conciliation failed, and a certification was issued on April 20, 1982, confirming this failure. Discussions continued throughout 1982 to 1984, and on October 16, 1984, a subsequent agreement occurred where Day accepted P1,000.00 as rental, which Chu later claimed indicated a lease agreement, although he failed to prove its existence.

Procedural History in Lower Courts

Day demanded eviction again on January 15, 1985, and subsequently filed an unlawful detainer suit on March 25, 1985. The Municipal Trial Court (MTC) ruled in favor of Day on April 15, 1986, ordering Chu to vacate and awarding damages and attorney's fees. Chu then filed a petition for certiorari with the Regional Trial Court (RTC) of Zamboanga City on April 23, 1986, without a prior motion for reconsideration, leading to a temporary restraining order against Day.

Decisions of the RTC and MTC

The RTC initially ruled on May 27, 1986, stating that the main certiorari petition lacked merit, but acknowledged unresolved issues requiring further hearing, subsequently scheduling it for June 24, 1986. However, on July 8, 1986, the RTC unexpectedly granted Chu’s petition, reversed the MTC’s decision, and ordered the matter to be submitted for conciliation again. Day's motion for reconsideration was denied on June 25, 1987, prompting this appeal.

Critical Legal Issues

  1. Jurisdiction to Reverse Orders: The primary issue is whether the RTC had the jurisdiction to modify its May 27, 1986 order after 15 days, considering that it had effectively rendered a final order on that date by finding the petition for certiorari lacking merit. The petitioner argued that this order should be considered final regarding the issues it resolved.

  2. Application for Preliminary Injunction: The petitioner contended that under B.P. 129, a plaintiff in an unlawful detainer case can seek a writ of preliminary injunction, marking a significant difference from previous jurisprudence.

  3. Prior Conciliation Requirement: The relevance of P.D. 1508’s requirement for prior conciliation proceedings was contested, particularly given that the action involved a request for a preliminary mandatory injunction, which may exempt it from this requirement.

  4. Proper Remedy for Appeal: Issues also arose regarding whether certiorari was the appropriate remedy, with the accused potentially needing to file an ordinary appeal to elevate the MTC's decision.

  5. Scope of Certiorari Review: The entitlement of the RTC to consider procedural and factual issues already resolved by the MTC in a certiorari application was challenged, given precedents indicating that such matters should be preserved for appeal.

  6. Grounds for Certiorari: Whether the RTC could issue a writ of certiorari on grounds outside of those specified in Rule 65 was also a point of contention, as this has been consistently limited to jurisdictional errors.

Court's Analysis and Findings

The Court found merit in the petitioner’s arguments, emphasizing that the RTC overstepped its jurisdiction in reversing a prior order that had resolved substantive issues. It established that since the May 27, 1986 order was deemed final as it left no further issues pending, the RTC could not legally revisit it without a proper motion for reconsideration. The ruling further affirmed that under B.P. 129, such a request for injunction was permissible within unlawful detainer actions.

As for conciliation proceedings, the Court opined that the nature of the ejectment action combined with a request for injunctive relief did not ne

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