G.R. No. 7657. March 06, 1904

This is an appeal from an order of the Court of First Instance of
Misamis, sustaining a demurrer to a complaint, wherein plaintiff sought
relief from a judgment of a justice of the peace, alleging that that
judgment was void for lack of jurisdiction.

Plaintiff in this action alleges that the justice of the peace assumed
jurisdiction to hear and decide a complaint, wherein plaintiff sought
possession of certain real estate,
alleging that by virtue of a contract for the sale thereof, under the
terms of which the vendor retained the right to repurchase prior to a
certain date (venta con pacto de retro),
he had become the owner of this real estate, the vendor having failed
to exercise his right to repurchase within the time stipulated. The
justice of the peace assumed jurisdiction on the ground that the facts
set forth gave the vendor the right to an action in his court for the
possession of the land, under the provisions of section section 80 of
Act No. 190.

The trial judge, in the case at bar, was of opinion that the justice
of the peace had jurisdiction to hear and decide the case, and on that
ground sustained the demurrer to the complaint. But this court, in the
case of Falcon vs. Barretto (26 Phil. Rep., 72), held that
justices of the peace have no jurisdiction to hear and decide cases in
summary proceedings as provided in section 80 of Act No. 190, wherein
plaintiff seeks possession of land by virtue of alleged rights of
ownership acquired under the terms of deeds of sale with the right to
repurchase (ventas con pacto de retro).

It is clear that under the ruling in that case the justice of the
peace had nq jurisdiction to enter the judgment, relief from which is
sought in the case at bar, and that the order entered in the court
below, sustaining the demurrer to the complaint, should be set aside.

Arellano, C. J., Moreland, Trent, and Araullo, J., concur.