Jesus v. Garcia

SANCHEZ, J.:

Before us upon an original action of certiorari and prohibition, are two jurisdictional issues:first , jurisdiction over the subject matter; and second , the power of the City Court of Manila to issue a writ of preliminary or final injunction - upon the factual averments hereinafter to be recited. The problem cropped up because petitioners' motion to dismiss the complaint and to dissolve the writ of preliminary injunction upon the above grounds, in that case filed by principal individual respondents against them in the city court,1 was denied, and their motion to reconsider rejected. The pivotal disputed allegations of the verified complaint below are these: Ten persons,2 among whom are petitioners and respondent, Maxima de Jesus, are co-owners of six (6) parcels of land running along España P. Campa and Adelina Streets in Sampaloc, Manila.

Administratrix thereof and co-owners attorney-in-fact is Maxima de Jesus. Her stipulated compensation is 10% of the rentals. The monthly receipts signed by each co-owner, for his/her rental share, is in a form reproduced in the complaint as follows: RECEIVED from Mrs. Maxima de Jesus Barrios the sum of ..................

as my share, in the rental collected for this month, on the properties of which I am a co-owner. Ten per cent (10%) of said rentals had been previously deducted as agreed upon by me, for her administration fee together with her expenses concerning a collector and an Attorney that she may employ to INCREASE rate, prevent arrears, and eject stubborn tenant.1äwphï1.ñët Lessee of the property is Shell Company of the Philippines, Ltd. The original lease contract was dated August 23 and 29, 1953. This lease was renewed by instrument executed on January 10, 1966, where under, through the efforts of Maxima de Jesus, the monthly rentals were increased from P850.00 to P3,500.00 during the first ten (10) years and to P4,000.00 for the subsequent five (5) years.

Shell pays the rentals by issuing a check for P3,500.00 in the name of Maxima de Jesus who, in turn, distributes the shares of her co-owners. Petitioners' monthly shares on the basis of P3,500.00 monthly rentals are: Manuela de Jesus 9/54 of P3,500.00 - P 583.33 Pablo de Jesus 9/54 of P3,500.00 - P 583.33 Engracia de Jesus 10/54 of P3,500.00 - P 684.14