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Bernabe, Eusebio, et al. Vs. Abelardo M. Dayrit, et al.

EUSEBIO BERNABE and TERESITA P. BERNABE, petitioners, vs. JUDGE ABELARDO M. DAYRIT, Acting for Branch II, Court of First Instance of Manila, and MELCHOR TAMAYO, respondents.

G.R. No. L-58399 | 1983-10-27

D E C I S I O N


AQUINO, J.:

For determination in this case is the propriety of the lower court's dismissal of the action of the Bernabe spouses on the ground that it is an ejectment suit filed within one year from the date of last demand and, hence, it falls within the exclusive original jurisdiction of the city court.

The Bernabe spouses, in their verified complaint dated February 16, 1981 in the Court of First Instance of Manila, prayed that Melchor Tamayo should vacate their lot in Tondo, Manila, covered by Torrens title in their names, remove his illegally constructed house thereon and pay as reasonable compensation for the use of...