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    Maglalang Vs CA

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    CleinJonTiu
    Angelito filed a complaint against Gil Maglalang to establish his status as Maglalang's natural child and claim hereditary rights. The trial court dismissed the case based on res judicata from a prior case filed by Angelito's mother. The Court of Appeals affirmed. The Supreme Court also dismissed the petition. It held that cases involving civil status must first be referred to barangay officials for possible settlement, as encouraged by law. Since Angelito did not first resort to barangay arbitration, dismissal of the case was proper.

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    Maglalang Vs CA

    Uploaded by

    CleinJonTiu
    243 views2 pages
    Angelito filed a complaint against Gil Maglalang to establish his status as Maglalang's natural child and claim hereditary rights. The trial court dismissed the case based on res judicata from a prior case filed by Angelito's mother. The Court of Appeals affirmed. The Supreme Court also dismissed the petition. It held that cases involving civil status must first be referred to barangay officials for possible settlement, as encouraged by law. Since Angelito did not first resort to barangay arbitration, dismissal of the case was proper.

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    Maglalang vs CA

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    Angelito filed a complaint against Gil Maglalang to establish his status as Maglalang's natural child and claim hereditary rights. The trial court dismissed the case based on res judicata from a prior case filed by Angelito's mother. The Court of Appeals affirmed. The Supreme Court also dismissed the petition. It held that cases involving civil status must first be referred to barangay officials for possible settlement, as encouraged by law. Since Angelito did not first resort to barangay arbitration, dismissal of the case was proper.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    243 views2 pages

    Maglalang Vs CA

    Uploaded by

    CleinJonTiu
    Angelito filed a complaint against Gil Maglalang to establish his status as Maglalang's natural child and claim hereditary rights. The trial court dismissed the case based on res judicata from a prior case filed by Angelito's mother. The Court of Appeals affirmed. The Supreme Court also dismissed the petition. It held that cases involving civil status must first be referred to barangay officials for possible settlement, as encouraged by law. Since Angelito did not first resort to barangay arbitration, dismissal of the case was proper.

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    ANGELITO F.

    MAGLALANG, petitioner,
    vs.
    COURT OF APPEALS, 11TH DIV., REGIONAL TRIAL COURT, BR. 29, SAN
    PABLO CITY AND GIL C. MAGLALANG

    Facts:

    Lourdes, the natural mother of Angelito, filed a complaint of support in the


    alleging, among others, that she once served as a domestic helper of Gil during
    which time they had sexual relations and that as a consequence thereof, she
    begot a son, Angelito. The parties however, filed a joint motion to dismiss the
    complaint. When Angelito attained the age of majority, he filed in the same court a
    complaint for support and declaration of his status as natural child of Gil C.
    Maglalang with hereditary rights. The complaint was dimissed by virtue of the
    principle of res judicata.

    Issue related to Muncor:

    Whether or not a case involving the civil status of a person should first be referred
    to the appropriate barangay officials for possible settlement in accordance with
    the barangay arbitration law.

    Ruling:
    The petition was DISMISSED.

    Ratio:

    The issue relating to prior resort to barangay arbitration proceedings as a


    pre-condition to the filing of a complaint before the court can be resolved by a
    cursory examination of Section 6 of Presidential Decree No. 1508, the law on
    barangay arbitration, to wit:

    SECTION 6. Conciliation, pre-condition to filing of complaint. — No complaint,


    petition, action or proceeding involving any matter within the authority of the
    Lupon as provided in Section 2 hereof shall be filed or instituted in court or any
    other government office for adjudication unless there has been a confrontation of
    the parties before the Lupon Chairman or the Pangkat and no conciliation or
    settlement has been reached as certified by the Lupon Secretary or the Pangkat
    Secretary, attested by the Lupon or Pangkat Chairman or unless the settlement
    has been repudiated. However, the parties may go directly to court in the following
    cases:

    (1) Where the accused is under detention;

    (2) Where a person has otherwise been deprived of personal liberty calling for
    habeas corpus proceedings;
    (3) Actions coupled with provisional remedies such as preliminary injunction,
    attachment, delivery of personal property, and support pendente lite; and

    (4) Where the action may otherwise be barred by the Statute of Limitations.

    From the foregoing, it is dear that a case involving the civil status of a
    person i.e., the acknowledgment of a natural child is not among the cases
    where prior resort to barangay arbitration is not necessary. The reason is
    obvious. The possibility of settlement at this level is encouraged even in
    such cases before the issue is brought to the courts. More so when there is
    cogent basis for the civil status being sought to be established.

    In the instant case, the requirement of prior resort to barangay arbitration was
    not satisfied. Thus, the dismissal of the case for lack of cause of action is called
    for.

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