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Owner of dismantled house
« on: November 12, 2019, 06:50:46 am »
Bicerra v. Teneza (L-16218; 11/29/1962)
F: Teneza forcibly demolished Bicerra’s house – worth P200. A case is filed before the CFI
H: CFI has no jurisdiction because no real property is being sued upon, the house having ceased to exist, and the amount of damages sought does not exceed the jurisdictional amount in inferior courts.
   While it is true that the complaint also seeks that the plaintiffs be declared the owners of the dismantled house or the materials, such does not in any way constitute the relief itself, but is only incidental to the real cause of action – which concerns the recovery of damages.

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