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Home of Chan Robles Virtual Law Library




[G.R. No. 6348. January 16, 1912. ]

BENIGNO ABAC, Plaintiff-Appellant, v. AURELIO ACEDERA and VICENTA ADORA, Defendants-Appellees.

Vicente Agregado, for Appellant.

M. P. Leuterio, for Appellees.


1. TOWNSHIP COURTS; CIVIL CASES; RIGHTS OF PARTIES AND JURISDICTION OF COURT; FINAL JUDGMENT. — Under section 18 (g) of Act No. 1397, the Township Government Act, which creates the township courts, local residents are authorized to submit their contentions in civil matters to the township court, and, upon application to the court and the submission of an agreement in writing to abide by the decision, the court acquires jurisdiction to hear and determine the case, provided the value of the property involved does not exceed P200, and the judgment is final.



Vicente Abad, who claims to be the owner by inheritance of a parcel of land 60 cavanes in area in the place and with the boundaries set forth, alleges that in March, 1908, the defendants illegally took possession of a parcel some 23 cavanes in area on the east side, adjoining their land, and prays that he be declared the owner of the 23 cavanes and that the defendants be sentenced to restore the same to him, with damages and costs.

The defendants not only deny the facts in the complaint but they further allege an agreement and a decision in opposition to the plaintiff’s claim. The agreement consisted in submitting their contentions to the municipal court of the township of which they are residents, Calapan Province of Mindoro, on August 18, 1909; and the decision was rendered by the president and members of the township court of Calapan, Mindoro, on the same date, whereby the complaint of Benigno Abac against the defendant Aurelio Acedera was dismissed. (B. of E., 5 and 6.)

Such an agreement and decision appear to be legally authorized by Act No. 1397 of the Philippine Commission, which by section 18, subsection (g), creates township courts, composed of the president, two councilors, and a secretary which shall hear and adjudge alleged violations of public ordinances. Subsection (h) provides:jgc:chanrobles.com.ph

"This court shall have no jurisdiction in civil cases, except on the application of interested parties and upon their making an agreement in writing to accept the award of the court, when it may hear and adjudge any case not involving property exceeding in value the sum of two hundred pesos Philippine currency. The judgment shall be awarded by a majority vote o
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