G.R. No. L-27343 February 28, 1979
MANUEL G. SINGSONG, JOSE BELZUNCE, AGUSTIN E. TONSAY, JOSE L. ESPINOS, BACOLOD SOUTHERN LUMBER YARD, and OPPEN, ESTEBAN, INC., plaintiffs-appellees,
vs.
ISABELA SAWMILL, MARGARITA G. SALDAJENO and her husband CECILIO SALDAJENO LEON GARIBAY, TIMOTEO TUBUNGBANUA, and THE PROVINCIAL SHERIFF OF NEGROS OCCIDENTAL, defendants, MARGARITA G. SALDAJENO and her husband CECILIO SALDAJENO, defendants-appellants.
vs.
ISABELA SAWMILL, MARGARITA G. SALDAJENO and her husband CECILIO SALDAJENO LEON GARIBAY, TIMOTEO TUBUNGBANUA, and THE PROVINCIAL SHERIFF OF NEGROS OCCIDENTAL, defendants, MARGARITA G. SALDAJENO and her husband CECILIO SALDAJENO, defendants-appellants.
FACTS
: This is an appeal to the Court of Appeals from the judgment of the Court of
First Instance of Negros Occidental in Civil Cage No. 5343, entitled
"Manuel G. Singson, et all vs. Isabela Sawmill, et al.,". In a
resolution promulgated on February 3, 1967, the Court of Appeals certified the
records of this case to the Supreme Court "considering that the resolution
of this appeal involves purely questions or question of law over which this
Court has no jurisdiction. On June 5. 1959, Manuel G. Singsong, Jose Belzunce,
Agustin E. Tonsay, Jose L. Espinos, Bacolod Southern Lumber Yard, and Oppen,
Esteban, Inc. filed in the Court of first Instance of Negros Occidental, Branch
I, against "Isabela Sawmill", Margarita G. Saldajeno and her husband
Cecilio Saldajeno, Leon Garibay, Timoteo Tubungbanua and the Provincial Sheriff
of Negros Occidental a complaint. Said defendants interposed a cross-claim
against the defendsants Leon Garibay and Timoteo Tubungbanua praying "that
in the event that judgment be rendered ordering defendant cross claimant to pay
to the plaintiffs the amount claimed in the latter's complaint, that the cross
claimant whatever amount is paid by the latter to the plaintiff in accordance
to the said judgment. ...5. After trial, judgment was rendered in favor of the
plaintiffs and against the defendants. The defendants, Margarita G. Saldajeno
and her husband Cecilio Saldajeno, appealed to the Court of Appeals
ISSUE
: WON the RTC has jurisdiction over the case
HELD
: The jurisdiction of all courts in the Philippines, in so far as the authority
thereof depends upon the nature of litigation, is defined in the amended
Judiciary Act, pursuant to which courts of first instance shall have exclusive
original jurisdiction over any case the subject matter of which is not capable
of pecuniary estimation. An action for the annulment of a judgment and an order
of a court of justice belongs to th category.
In
determining whether an action is one the subject matter of which is not capable
of pecuniary estimation this Court has adopted the criterion of first
ascertaining the nature of the principal action or remedy sought. If it is
primarily for the recovery of a sum of money, the cliam is considered capable
of pecuniary estimation, and whether jurisdiciton is in the municipal courts or
in the courts of first instance would depend on the amount of the claim.
However, where the basic issue is something other than the right to recover a
sum of money, where the money claim is purely incidental to, or a consequence
of, the principal relief sought, this Court has considered such actions as
cases where the subject ogf the litigation may not be estimated in terms of
money, and are cognizable exclusively by courts of first instance.
On
the question of whether a court may nullify a final judgment of another court
of co-equal, concurrent and coordinate jusridiction, this Court originally
ruled that:
A
court has no power to interfere with the judgments or decrees of a court of
concurrent or coordinate jurisdiction having equal power to grant the relief
sought by the injunction.
The
various branches of the Court of First Instance of Manila are in a sense
coordinate courts and cannot be allowed to interfere with each others'
judgments or decrees.
In
December 1971, however, this court re-examined and reversed its earlier
doctrine on the matter. Our conclusion must therefore be that a court of first
instance or a branch thereof has the authority and jurisdiction to take
cognizance of, and to act in, suit to annul final and executory judgment or
order rendered by another court of first instance or by another branch of the
same court... n the light of the latest
ruling of the Supreme Court, there is no doubt that one branch of the Court of
First Instance of Negros Occidental can take cognizance of an action to nullify
a final judgment of the other two branches of the same court
The
contention of the appellant that the appleees cannot bring an action to annul
the chattel mortgage of the propertiesof the partnership executed by Leon
Garibay and Timoteo Tubungbanua in favor of Margarita G. Saldajeno has no
merit.
As
a rule, a contract cannot be assailed by one who is not a party thereto.
However, when a contract prejudices the rights of a third person, he may file
an action to annul the contract. This Court has held that a person, who is not
a party obliged principally or subsidiarily under a contract, may exercised an
action for nullity of the contract if he is prejudiced in his rights with
respect to one of the contracting parties, and can show detriment which would
positively result to him from the contract in which he has no intervention.
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