Professional Documents
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08 - Martinez Vs Martinez
08 - Martinez Vs Martinez
DECISION
500 Phil. 332
The Antecedents
SO ORDERED.[16]
The trial court declared that the spouses Martinez had substantially
complied with Article 151 of the Family Code of the
Philippines[17]based on the allegations of the complaint and the
appended certification to file action issued by the barangay captain.
Rodolfo appealed the decision to the RTC. On May 31, 2000, the RTC
rendered judgment affirming the appealed decision. He then filed a
petition for review of the decision with the CA, alleging that:
I.
II.
Art. 151. No suit between members of the same family shall prosper
unless it should appear from the verified complaint or petition that
earnest efforts toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts were, in fact,
made, the case must be dismissed.
This rule shall not apply to cases which may not be the subject of
compromise under the Civil Code.
The phrase "members of the family" must be construed in relation to
Article 150 of the Family Code, to wit:
Art. 150. Family relations include those:
Thus, a party's failure to comply with Article 151 of the Family Code
before filing a complaint against a family member would render such
complaint premature.
[1]
Penned by Associate Justice Roberto A. Barrios, with Associate
Justices Juan Q. Enriquez, Jr. and Arsenio J. Magpale, concurring.
[2]
Rollo, pp. 69-70.
[3]
Id. at 71-72.
[4]
Id. at 68.
[5]
Id. at 67.
[6]
Id. at 73-76.
[7]
Id. at 77-78.
[8]
Id. at 79-84.
[9]
Rollo, pp. 93-94.
[10]
Id. at 85-90.
[11]
Id. at 91.
[12]
Id. at 95-98.
[13]
Rollo, pp. 60-66.
[14]
Id. at 13.
[15]
Id.
[16]
Rollo, p. 40.
[17]
Formerly Article 222 of the New Civil Code.
[18]
Rollo, pp. 24-25.
[19]
Rollo, p. 12.
[20]
Id. at 13.
[21]
Petitioner Manolo Martinez died intestate on October 18, 2004
and was survived by petitioner Lucila Martinez and their children,
namely, April, Fritz Daniel and Maria Olivia, all surnamed Martinez,
who were substituted as parties-petitioners.
[22]
See Gayon v. Gayon, G.R. No. L-28394, 26 November 1970, 36
SCRA 104.
[23]
Magbaleta v. Gonong, G.R. No. L-44903, 22 April 1977, 76 SCRA
511.
[24]
Gayon v. Gayon, supra.
[25]
Section 399 of Republic Act No. 7160.
[26]
SEC. 412. Conciliation. (a) Pre-condition to filing of complaint in
Court. No complaint, petition, action or proceeding involving any
matter within the authority of the lupon shall be filed or instituted
directly in court or any other government office for adjudication
unless there has been a confrontation between the parties before
the lupon chairman or the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon secretary or
pangkat secretary as attested to by the lupon or pangkat chairman or
unless the settlement has been repudiated by the parties thereto.