Civil Procedure Case digest

Uy v. Contreras 237 SCRA 167 Facts: Petitioner Felicidad Uy subleased from respondent Susanna Atayde the other half of the second floor of a building. She operated therein a beauty parlor. The sublease contract expired; however, the petitioner was not able to remove all her personal properties. An argument arose between the petitioner and Atayde when the former sought to withdraw from the premises her remaining properties. The argument degenerated into a scuffle between the petitioner, on the one hand, and Atayde and several of Ataydes employees, including private respondent Winnie Javier. Respondent had themselves medically examined for the alleged injuries inflicted on them by the petitioner. Respondents filed a complaint with the Barangay. The confrontation of the parties was scheduled by the Barangay, only petitioner appeared. The Barangay then reset the confrontation. The office of provincial prosecutor filed two informations for slight physical injuries against the petitioner with MTC. Respondent MTC Judge ordered the petitioner to submit her counter-affidavit and those of her witnesses. Petitioner submitted and specifically alleged the prematurity of filing of the case for failure to undergo conciliation proceedings. Petitioner filed a motion to dismiss. Respondent Judge Contreras denied the motion. Same as the MR. Petition filed a special civil action for certiorari in the SC. Issue: Whether respondent Judge Contreras abused his discretion. Held: Yes. In the proceedings before the court, petitioner and respondent had in mind only PD 1508. None knew of the repeal of the decree by the Local Government Code of 1991. The Office of the Provincial Prosecutor should have exerted enough diligence to inquire from respondents if prior referral to the lupon was necessary. Respondent Judge did not
Manuel A. Rodriguez II FEU Institute of Law

Civil Procedure Case digest

do any better. His total unawareness of the Local Government Code of 1991 is disturbing.

Manuel A. Rodriguez II FEU Institute of Law