Docena vs Lapesura

Docena vs. Lapesura

GR No. 140153, March 28, 2001

FACTS:

Casiano Hombria, private respondent, filed a complaint for the recovery of a parcel of land against his lessees, petitioner-spouses, Antonio and Alfreda Docena.  The spouses claimed ownership of the land based on the occupation since time immemorial.  The petitioners filed a petition for certiorari and prohibition with CA alleging grave abuse of discretion on the part of the trial judge in issuing orders and that of the sheriff in issuing the writ of demolition.  CA dismissed the petition on the ground that the petition was filed beyond the 60-day period provided in the Revised Rules of Civil Procedure and that the certification of non-forum shopping attached thereto was signed by only one of the petitioners.

ISSUE: WON it is sufficient that the certification of non-forum shopping was signed by only one of the petitioners.

HELD: In view of the property involved which is a conjugal property, the petition questioning the writ of demolition thereof originated from an action for recovery brought against the spouses and is clearly intended for the benefit of the conjugal partnership and the wife as point out was in the province of Samar whereas the petition was prepared in Metro Manila, a rigid application of the rules on forum shopping that would disauthorize a husband’s signing the certification in his behalf and that of his wife is too harsh.

In the previous court rulings, certificate of non-forum shopping should be sign by all the petitioners in a case.  However, in the case at bar, such certificate signed by Antonio Docena alone should be deemed to constitute substantial compliance with the rules.  The two petitioners in this case are husband and wife and their residence is the subject property alleged to be a conjugal property.  Under the Family Code, the administration of the conjugal property belongs to the husband and wife jointly.  However, unlike an act of alienation or encumbrance where the consent of both spouses is required, joint management or administration does not require that the husband and wife always act together.  Each spouse may validly exercise full power of management alone, subject to the intervention of the court in proper cases.  

Hence, petition is granted and the case is remanded to CA for further proceedings.