Legal Principles and Precedents

JOSE S. ANDAYA and EDGARDO L. INCIONG, Petitioners, v. REGIONAL TRIAL COURT, Cebu City, Branch 20, and THE CITY OF CEBU, Respondents. G. R. No. 126661. December 3, 1999 PARDO, J. FACTS : On January 3, 1996, the position of City Director, Cebu City Police Command (chief of police) became vacant after P/Supt. Antonio Enteria was relieved of command. Regional Director Jose Andaya submitted to Mayor Alvin Gracias a list of five (5) eligibles for the mayor to choose one to be appointed as the chief of police of Cebu City. The mayor did not choose anyone from the list of five (5) recommendees because the name of certain P/Chief Inspector Andres Sarmiento was not included therein. However, Andaya refused to agree to Mayor Garcias request to include the name of PCI Sarmiento in the list of police officers for appointment by the mayor. His refusal was based on his contention that Sarmiento was not qualified for the position of chief of police because he failed to suffice the minimum qualificati...

A.M. No. MTJ-00-1265               April 6, 2000 VALENCIDES VERCIDE vs. JUDGE PRISCILLA T. HERNANDEZ, Fifth Municipal Circuit Trial Court, Clarin and Tudela, Misamis Occidental FACTS: Valencides Vercide and his wife filed for recovery of possession of a parcel of land against Daria Lagas Galleros. The land is located in Upper Centro, Tudela, Misamis Occidental. Defendant Galleros is a resident of the same municipality, while complainant and his wife are residents of Dipolog City. Because of this fact, the case was filed in court without prior referral to the Lupong Tagapamayapa. ISSUE: Whether or not Lupong Tagapamayapa has jurisdiction over the case. HELD: According to several cases decided by the Honorable Supreme Court, it was ruled that where parties do not reside in the same city or municipality or in adjoining barangays, there is no requirement for them to submit their dispute involving real property to the Lupong Tagapamayapa. The Lupon sha...