Parties:
Agusto and Maria Hontiveros
vs
Gregorio Hontiveros and Teodora Ayson
This is a case against brothers (Agusto and Gregorio). Petitioner filed a complaint for damages against respondents Gregorio Hontiveros and Teodora Ayson on the ground that the respondents withheld from the petitioners the possession of a parcel of land in Jamindan, Capiz.
| Petitioners | Respondents |
| • Respondents witheld from us our lands | • We are not married• We did not deprive petitioners of their land• The compliant failed to state an action that earnest efforts have been paid, since Agusto and Gregorio are brothers, and therefore, case should be dismissed• Ayson had nothing to do with this case• Petitioners should pay for damages |
RTC:
Dismissed the complaint because there is absence of earnest efforts for compromise as required by Article 151 of Family Code.
[Art 151] Will suits between members be allowed?
Nothing shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made and failed.
If no efforts, the case will be dismissed.
Issue: Should the case be dismissed for failure of the parties to have earnest efforts to compromise?
Ruling. No.
(1) Whenever a stranger is party to a case, the requisite of amicable settlement is no longer mandatory.
(2) The inclusion of Ayson and Maria Hontiveros (who also claims not married to Agusto) removes the case out of the ambit of Art 151.
“members of the same family” only refers to:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a) {and not between brothers with strangers vs brothers with strangers, quoting Guerrero v RTC}
Religious brotherhood and relationship by affinity brotherhood have no legal effect in this jurisdiction.
(3) The claims that Ayson and Maria were spouses of the brothers in contention, should have been verified by the trial court, and should have not simply believed the veracity of the allegations.
English