Martinez v. Martinez

GR No. 162084, 28 June 2005

FACTS:

Daniel Martinez Sr. and Natividad de Guzman-Martinez were the owners of a parcel of land. The former executed a last will and testament directing the subdivision of the property into 3 lots bequeathed to each of his sons namely Rodolfo, Manolo (designated as administrator of the estate), and Daniel Jr. In October 1997, Daniel Sr. died. Rodolfo then found a deed of sale purportedly signed by his father on September 1996 where it appears that the land was sold to Manolo and his wife Lucila and was also issued to them. Rodolfo filed a complaint against his brother Manolo and sister-in-law Lucila for the annulment of the deed of sale and cancellation of the TCT. Spouses wrote Rodolfo demanding him to vacate the property which the latter ignored and refused to do so. This prompted the spouses to file a complaint for unlawful detainer against Rodolfo. This matter was referred to the barangay for conciliation and settlement but none was reached. It was alleged in the position paper of the spouses that earnest efforts toward a compromise had been made but the same proved futile.

ISSUE:

WON spouses Martinez complied with the requirements of Art 151 of the Family Code.

RULING:

No suit between members of the same family shall prosper unless it should appear from the verified complaint that earnest efforts toward a compromise have been made, but the same have failed.

Lucila Martinez, the respondent’s sister-in-law was one of the plaintiffs in the case at bar. The petitioner is not a member of the same family as that of her deceased husband and the respondent. Her relationship with the respondent is not one of those enumerated in Article 150. It should also be noted that the petitioners were able to comply with the requirements of Article 151 because they alleged in their complaint that they had initiated a proceeding against the respondent for unlawful detainer in the katarungan Pambarangay in compliance with PD. 1508 and that after due proceedings, no amicable settlement was arrived at resulting in the barangay chairman’s issuance of a certificate to file action.

* Case digest by Jason S. Olasiman. do, LLB-1, Andres Bonifacio Law School, SY 2017-2018

By |2017-10-21T03:30:11+00:00October 21st, 2017|Case Digests|0 Comments

Leave A Comment