VICTORIANO OMBALINO, PLAINTIFF AND APPELLANT, VS. FELIPA SALDARIAGA ET AL., DEFENDANTS AND APPELLEES.

This action was originally filed with the justice of the peace of
Dipolog, Zamboanga, to recover about 600 kilos of hemp from the
defendants which had been raised by the latter on land which the
plaintiff claims to be his property, or in default thereof the value of
the same, which is P150.

The defendants denied each and every one of the allegations of the
complaint, and in turn allege that they are the sole owners and
proprietors of the land and its improvements.

The case having been heard, a judgment was rendered by the justice
of the peace in favor of the plaintiff, for the recovery of 600 kilos
of hemp or its value, P150. The defendants appealed to the Court of
First Instance, where the case was tried anew upon the allegations of
the complaint filed with the justice of the peace and the answer filed
with the Court of First Instance. After the parties had adduced
evidence in support of their respective allegations, the court
dismissed the case without special pronouncement of costs, by its order
of October 1, 1926, on the ground that the decision of the case centers
on the ownership of land, the proceeds of which is the only thing
apparently claimed by the plaintiff.

The plaintiff moved for a new trial and the court denied the motion,
and exception being duly taken, the plaintiff presented the bill of
exceptions, which was approved by the court.

Of the seven errors assigned by the appellant, we shall only deal
with the seventh which alleges that the court below erred in dismissing
the case and in not granting the plaintiff the relief prayed for in his
complaint; for the decision of this point will turn the balance of this
case presented to this court.

In dismissing the case appealed to it, the court below bases its
action on the proposition that the case falls within the original
jurisdiction of the Court of First Instance. Taking into consideration
the fact that the plaintiff’s claim was for the recovery of the hemp
raised by the defendants, or for its value of P150, the justice of the
peace had jurisdiction to try said case. (Sec. 1, Act No. 2131.) The
defendants raised no objection to the jurisdiction of the justice of
the peace. Both parties resorted to the Court of First Instance and
there adduced their evidence all over again. Again no objection was
raised to the jurisdiction of the justice of the peace. Neither the
fact that both parties alleged that they held the ownership of the land
on which the hemp was raised, nor the circumstance that they presented
evidence anent their respective titles of ownership, can affect the
jurisdiction of the justice of the peace. (Mediran vs.
Villanueva, 37 Phil., 752.) We are of opinion that the court below
should have passed judgment upon the merits of the case instead of
dismissing it, as it erroneously did. Wherefore, the order appealed
from, given by the Court of First Instance of Zamboanga on October 1,
1926, must be reversed, and the case remanded to the court of origin in
order that judgment, in accordance with the law, may be rendered.
Without special pronouncement of costs. So ordered.

Avanceña, C. J., Johnson, Street, Johns, Romualdez, and Villa-Real, JJ., concur.