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Heirs of Jacobo Bolus vs. CA

THE HEIRS OF JACOBO BOLUS, namely, JAKE B. BOLUS, ELIZABETH BOLUS-NERI, RICARDO B. BOLUS, EMMANUEL B. BOLUS, CORAZON BOLUS, CARLITO BOLUS and ROMEO BOLUS, petitioners, vs. THE COURT OF APPEALS SPOUSES RICARDO and GLICERIA JIMENEZ, respondents.

G.R. No. 107036 | 1993-02-09

D E C I S I O N

CRUZ, J p:

The spouses Ricardo and Gliceria Jimenez filed an action for ejectment in the Municipal Trial Court of Metro Manila against the heirs of Jacobo Bolus, the original lessee, on the grounds of non-payment of rentals and unauthorized sub-leasing.

In their answer, the defendants argued inter alia that the court had no jurisdiction over the case as the ownership of the leased premises by the plaintiffs was in issue; there was no cause of action because the lessees had in fact made prior consignation of the claimed rentals; and the action was premature for non-compliance with PD 1508.

The trial court, brushing aside...