Edited Singsong v. Isabela Sawmill Digest

Singsong v. Isabela Sawmill G.R. No. L-27343. February 28, 1979 Facts:

P2, P2,00 000 0.00 .00 and, ther theref efo ore, re, withi ithin n  jurisdiction of the municipal court.

the the

Issue:

Petitioners filed in the Court of First Whethe Whetherr or not the Court Court of First First Instan Instance ce Inst Instan ance ce of Negr Negros os Occi Occide dent ntal al aga against inst has jurisdiction over the case Respondents a complaint praying for a writ of prel prelim imin inar ary y inju injunc ncti tion on rest restra rain inin ing g the the Held: Sherif Sherifff from from procee proceedin ding g with with the sales sales at public auction, and to declare null and void Cour Courtt of Firs Firstt Inst Instan ance ce of Negr Negros os the Chattel Mortgage executed by Occidental did no err in exercising defendants in favor of defendant Saldajeno,  jurisidction over Civil Case No. 5343 being in fraud of creditors of the defendant partnership. Appel Ap pellan lants’ ts’ conten contentio tion n is devoid devoid of  Defendan Defendants ts Leon Garibay Garibay,, Margari Margarita ta merit because all the plaintiffs also asked for G. Saldejeno, and Timoteo Tubungbanua had the nullit nullity y of the assignm assignment ent of right right with with entered into a Contract of Partnership under cha chatte ttel mor mortga tgage ente enterred into into by and the firm name "Isabela Sawmill”. Civil Case betw betwee een n Marg Margar arit ita a G. Sald Saldaj ajen eno o and and her her No. 4797 was was filed filed by the spouses spouses Cecil Cecilio io former former partner partners s Leon Garibay Garibay and Timoteo Timoteo Saldajeno and Margarita G. Saldajeno against  Tubungbanua. This cause of action is not the the Isab Isabel ela a Sawm Sawmil ill, l, Leon Leon Gari Gariba bay, y, and and capa capabl ble e of pecu pecuni niar ary y esti estima mati tion on and and  Timoteo Tubungbanua. The same defendants falls under the jurisdiction of the Court executed executed a document document entitled entitled "Assignm "Assignment ent of First Instance. Instance. Where the basic issue is of Rights with Chattel Mortgage". Thereafter, something more than the right to recover a the defend defendan ants ts Leon Leon Garib Garibay ay and Timote Timoteo o sum of money and where the money claim is  Tubungbanua did not divide the assets and purely incidental to or a consequence of the properties of the "Isabela Sawmill" between principal relief sought, the action is as a case them, them, despite despite the withdra withdrawal wal of defendan defendantt wher where e the the subj subjec ectt of the the liti litiga gati tion on is not not Salda Saldajen jeno, o, they they contin continued ued the busine business ss of  capa capabl ble e of pecu pecuni niar ary y estim stimat atio ion n and and is said partnership under the same firm name cognizable exclusively by the Court of First "Isabela Sawmill". Instance. Provincial Sheriff of Negros Occidental executed a Certificate of Sale in favor of the   The The jurisd jurisdict iction ion of all all courts courts in the defendant Margarita G. Saldajeno, as a result Philippines, in so far as the authority thereof  of the sale conducted for the enforcement of  depe depend nds s upon upon the the natu nature re of liti litiga gati tion on,, is the judgment rendered in Civil Case No. 5223 defi define ned d in the the amen amende ded d Judi Judici ciar ary y Act, Act, of the the Cour Courtt of Firs Firstt Inst Instan ance ce of Negr Negros os pursuant to which ich courts of fir first Occidental. instan instance ce shall shall have have exclus exclusive ive origin original al After trial, judgment was rendered in   juris jurisdic dictio tion n over over any case case the subjec subjectt fav favor of the the pla plaint intiffs iffs and agai gainst nst the the matte tter of which is not capable of  defendants. Thereafter, defendants appealed pecuniary pecuniary estimation. estimation. An acti action on for for the the to the CA. CA certifie certified d the records records of this this annulment of a judgment and an order of a case to the Supreme Court "considering that court of justice belongs to the category. the resolution of this appeal involves purely questions or question of law. In determining determining whether an action action is It is contended by the appellants that one on e the th e subj su bjec ect t matt ma tter er of whic wh ich h is not not the the Cou Court of First irst Ins Instan tance of Negr egros capable of pecuniar pecuniary y estimatio estimation n this Court Occidental had no jurisdiction over Civil Case capable h a s a d o p t e d t h e c r i t e r i o n of first No. No. 5343 5343 beca becaus use e the the plai plaint ntif iffs fs Oppe Oppen, n, ascertaining g the nature nature of the principal Este Esteba ban, n, Inc. Inc.,, Ag Agus usti tin n R. Tons Tonsay ay,, Jose Jose L. ascertainin action on or rem remedy edy so sou ught. ght. If it is Espinos Espinos and the Bacolod Bacolod Southern Southern Lumber acti primarily for the recovery of a sum of   Yard sought to collect sums of moeny, the bigg bigges estt amou amount nt of whic which h was was less ess than than money, the claim is considered capable of pecuni pecuniary ary estimat estimation ion,, and whethe whether r  jurisdiction 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 of the litigation may not be estimated in terms of money, and are cognizable exclusively by courts of first instance.