ANING SUCDAD AND MATHEW SUCDAD, JR., PETITIONER, VS. JUDGE SERGIO N. CRUZ, BRANCH II, AGRARIAN COURT, 2ND REGIONAL DISTRICT, AND ROBUSTIANO CHOY, RESPONDENTS.

This case is about the jurisdiction of the municipal court or the
Agrarian Court over the ejectment of Robustiano Choy, Chinese, who was
the lessee since 1949 of a parcel of registered agricultural land, with
an area of 27,005 square meters, located at Barrio Pico, La Trinidad,
Benguet, and owned by Aping Sucdad and Mathew Sucdad, Jr.

On January 21, 1977, Choy filed in the municipal court of La Trinidad a forcible entry case against the Sucdads for having occupied through duress and stealth about one-half of said land. Sometime later on that same day, the Sucdads filed in the same court an unlawful detainer case against Choy on the ground that his right to occupy the land had expired. (Civil Cases Nos. 856 and 857.)

The two cases were consolidated. Long after the issues had been joined,
Choy filed a motion to dismiss on the ground that the case falls within
the jurisdiction of the Agrarian Court. The municipal court in an order dated January 17, 1979 allowed Choy to deposit the accrued rentals.

In its order of February 26, 1979, the municipal court directed that the
cases be referred to the Ministry of Agrarian Reform pursuant to
Presidential Decree No. 1038. The regional director of that Ministry in
two certifications dated June 26, 1979 stated that the two cases were
triable by the municipal court because the land involved was planted to
vegetables and Choy was not a tenant-farmer.

The municipal court in its order of October 1, 1979 ruled that it would
try the cases on the merits. In the meantime, or on August 27, 1979,
Choy filed against the Sucdads in the Agrarian Court at San Ferando, La
Union an action wherein he prayed that he be restored to the possession
of the one-half portion of the disputed land which the Sucdads had
forcibly occupied (Annex Z, pp. 139-143, Rollo). He asked for a writ of
preliminary mandatory injunction.

After the Sucdads had filed their answer, or on December 6, 1979, the Agrarian Court issued a writ of preliminary mandatory injunction against the Sucdads. This is the order being assailed in this certiorari and
prohibition case. Chief Justice Fernando issued a temporary
restraining order on December 21, 1979 enjoining the enforcement of the
mandatory injunction and the hearing in the Agrarian Court (p. 208,
Rollo).

Choy also filed a petition for certiorari and prohibition in
the Court of First Instance of Baguio and Benguet to restrain the
municipal court from hearing the ejectment cases. The court issued a
restraining order on May 22, 1980 (pp. 372, 414-415, Rollo).

We hold that the municipal court has jurisdiction over the ejectments suits.
The controversy is not an agrarian dispute. The Agrarian Court has no
jurisdiction over the case filed by Choy against the Sucdads. It
should be dismissed.

Choy’s lease of the land from the Sucdads from 1949 to 1969 (20 years)
was a civil lease, not an agricultural tenancy. The Ministry of
Agrarian Reform correctly certified that the municipal court had
jurisdiction over the ejectment suits.

WHEREFORE, the petition is granted. The restraining order of December
21, 1979 is made permanent. The writ of mandatory injunction issued by
respondent Judge is set aside. The municipal court of La Trinidad is
directed to hear the unlawful detainer and forcible entry cases. Costs
against respondent Choy.

SO ORDERED.

Concepcion, Jr., Guerrero, Escolin, and Cuevas, JJ., concur.

Makasiar, J., (Chairman), on leave.

Abad Santos, J., reserves his vote.