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Ceferino Marcelo Vs. Nazario De Leon 105 Phil 1175

CEFERINO MARCELO, plaintiff-appellant, vs. NAZARIO DE LEON, defendant-appellee.

G.R. No. L-12902 | 1959-07-29

D E C I S I O N


BENGZON, J.:

The plaintiff has appealed from the order of Judge Jose N. Leuterio of the Nueva Ecija court of first instance, dismissing his complaint whereby he had asked that defendant be required to vacate a parcel of land and to pay damages. The dismissal rested on two grounds, (a) the case pertained to the Court of Agrarian Relations; and (b) as attorney-in-fact of the true owner of the land, the plaintiff had no right to bring the action.

The record discloses that on February 4, 1957, Ceferino Marcelo, filed in the justice of the peace court of San Antonio, Nueva Ecija, a complaint to recover possession of a lot of...