Petitioner
Lorenzo Marzon
Respondent
Juliano Udtujan
Citation
G.R. No. 6525
Court
Supreme Court En Banc
Division
En Banc
Ponente
Johnson, J.
Decided
September 14, 1911

Summary

This case involved a tort action for damages arising from the destruction of agricultural plants. Lorenzo Marzon sued four defendants for destroying 500 banana plants, 100 viga plants, and 50 abaca plants on his land in May 1907, seeking P1,700 in damages. The defendants challenged the court's jurisdiction and raised prescription as a defense, claiming the incident occurred in 1897. The Court of First Instance awarded P900 to the plaintiff, finding the incident occurred in 1907, not 1897. On appeal, the Supreme Court affirmed, ruling that the lower court properly exercised jurisdiction under the principle of judicial notice and that the prescription defense was improperly raised. The case establishes important precedents regarding jurisdictional requirements for personal actions involving real property and procedural requirements for raising the defense of prescription.

Statutes applied

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By the Intellegal Editorial Board · September 14, 1911

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