Martinez vs. Martinez G.R. No. 162084 June 28, 2005

Facts: The spouses Martinez were the owners of a parcel of land as well as the house constructed thereon. Daniel, Sr. executed a Last Will and Testament directing the subdivision of the property into three lots. He then bequeathed the three lots to each of his sons, namely, Rodolfo, Manolo and Daniel, Jr. Manolo was designated as the administrator of the estate. 

Rodolfo found a deed of sale purportedly signed by his father, where the latter appears to have sold to Manolo and his wife Lucila. Rodolfo filed a complaint for annulment of deed of sale and cancellation of TCT against his brother Manolo and his sister-in-law Lucila before the RTC. RTC dismissed the complaint for annulment of deed of sale on the ground that the trial court had no jurisdiction over the action since there was no allegation in the complaint that the last will of Daniel Martinez, Sr. had been admitted to probate. Rodolfo appealed the order to the CA. 

In the meantime, the spouses Manolo and Lucila Martinez wrote Rodolfo, demanding that he vacate the property. Rodolfo ignored the letter and refused to do so. This prompted the said spouses to file a complaint for unlawful detainer against Rodolfo in the MTC of Manila. They alleged that they were the owners of the property. The spouses Martinez alleged in their position paper that earnest efforts toward a compromise had been made and/or exerted by them, but that the same proved futile. No amicable settlement was, likewise, reached by the parties during the preliminary conference because of irreconcilable differences. 

Issue: Whether or not the certification to file action and the allegations in the complaint that the case passed through the barangay are sufficient compliance to prove that earnest efforts were made. 

Ruling: The petition was granted. As pointed out by the Code Commission, it is difficult to imagine a sadder and more tragic spectacle than litigation between members of the same family. It is necessary that every effort should be made toward a compromise before litigation is allowed to breed hate and passion in the family and it is known that a lawsuit between close relatives generates deeper bitterness than between strangers. 

Thus, a party’s failure to comply with Article 151 of the Family Code before filing a complaint against a family member would render such complaint premature.