Title
Borja vs. Borja
Case
G.R. No. 42185
Decision Date
Sep 10, 1935
Dispute over rent, counterclaims, and res judicata involving property possession, unpaid rent, and prior litigation between parties.
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Timeline (G.R. No. 42185)

  1. Case Assignment: The case was assigned to the First Division of the Philippine Supreme Court and argued without objection from either party.

  2. Initial Decision: A decision was initially made by a division of three justices but was set aside due to a computation error regarding the total claims exceeding P10,000.

  3. Plaintiff's Action: Quintin de Borja, as administrator of the estate of Marcelo de Borja, filed a complaint to recover possession of a building at No. 1551 Azcarraga Street, Manila, and unpaid rent.

  4. Rent Claims: The plaintiff claimed rent of P30 per month from June 1, 1921, to November 30, 1927, and P50 per month from December 1, 1927, until restitution.

  5. Defendant's Denial: Jose de Borja, the defendant, denied the allegations and filed two counterclaims: one for P23,400 for rent of a tinaja factory and another for P5,082.97 for various expenses.

  6. Counterclaims Details: The second counterclaim included funeral expenses of P200, firewood costs of P823.02, and P4,059.93 for advances related to the Hacienda de Jalajala.

  7. Plaintiff's Defense: The plaintiff denied the counterclaims and argued that they were already litigated and disallowed, except for the P4,059.93 claim.

  8. Trial Findings: The lower court found that the defendant occupied the building and was liable for rent at P30 per month, paid until January 31, 1927.

  9. Court's Ruling on Counterclaims: The lower court ruled in favor of the defendant for the tinaja factory rent, funeral expenses, and advances for the Hacienda de Jalaj...continue reading


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