INOCENCIO MIJARES, ET AL., PLAINTIFFS AND APPELLANTS, VS. JULIAN ADIGUE, ET AL., DEFENDANTS AND APPELLANTS.

On January 30, 1957, the spouses Inocencio Mijares and Coronacion
Ipos filed an action for forcible entry in connection with a parcel of
land situated in the Municipality of Palanas, Province of Masbate,
against Julian Adigue and his son, Pedro, in the Justice of the Peace
Court of said municipality. After due trial thereat the court rendered
judgment in favor of the plaintiffs. From said judgment the defendants
appealed to the Court of First Instance of Masbate where the case was
docketed as Civil Case No. 816.

On October 5, 1957, Hon. Ambrosio T. Dollete of the Court of First
Instance of Bataan, 5th Judicial District, assigned temporarily to the
Court of First Instance of Masbate, 10th Judicial District, issued
Administrative Order No. 4 which reads partly as follows:

October 5, 1957

“ADMINISTRATIVE ORDER No. 4

In the interest of the administration of justice and
pursuant to the provisions of Sections 87 and 88 of Republic Act No.
296, the following criminal and civil cases are hereby referred to the
Justice of the Peace of Masbate, Masbate, for trial on the merits and
for him to render judgment therein:

* * * * * * * *

Civil Case No. 816—Inocencio Mijares, et al. vs. Julian Adigue, et al.”

On January 10, 1958, prior to the trial of the case before the
Justice of the Peace Court of Masbate, counsel for the plaintiffs filed
a motion for the return of the case to the Court of, First Instance of
Masbate, for trial on the merits, alleging that under Section 88 of
Republic Act No.296 jurisdiction try and decide the same could not be
delegated to the Justice of the Peace Court of Masbate. Said court,
upon plaintiffs’ insistence on their motion after the same had been
denied in open court, on motion of defendants, issued an order dated
January 13, 1958 dismissing the case. Hence this appeal.

The issue to be resolved, therefore, is whether or not the Court of
First Instance of Masbate had authority to delegate the trial and
disposition of the case to the Justice of the Peace Court of the
provincial capital. Section 88 of the Judiciary Act of 1948, as
amended, reads as follows:

“The jurisdiction of a justice of the peace and
judge of a municipal court shall not extend to civil actions in which
the subject of litigation is not capable of pecuniary estimation,
except in forcible entry and detainer cases; nor to those which involve
the legality of any tax, impost or assessment; nor to actions involving
admiralty or maritime jurisdiction; nor to matters of probate, the
appointment of trustees, or receivers; nor to actions for annulment of
marriages: Provided, HOWEVER, That justices of the peace who are duly
qualified members of the bar may, with the approval of the Secretary of
Justice, be assigned by the respective district judge in each case to
hear and determine cadastral or land registration cases
covering lots where there is no controversy or opposition, or contested
lots the value of which does not exceed five thousand pesos, such value
to be ascertained by the affidavit of the claimant or by agreement of
the respective claimants, if there are more than one, or from the
corresponding declaration of real property.” ( Italics supplied.)

In the light of the above provision—which is the one relied upon to
justify the delegation of jurisdiction herein in question—we believe
that an action for forcible entry cannot be the subject of such
delegation. Moreover, appellant claims—and this claim has not been
denied—that the administrative order that made the delegation was not
approved by the then Secretary of Justice, as required by the legal
provision quoted above.

Wherefore, the decision appealed from is reversed with instructions
that the record of Civil Case No. 816 of the Court of First Instance of
Masbate should be returned by the Justice of the Peace Court, of the
municipality of Masbate to the aforesaid court, for trial on the merits
and judgment.

Without special pronouncement as to costs.

Bengzon, C. J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Barrera, Paredes, and De Leon, JJ,. concur.