G.R. No.

L-16218 November 29, 1962

ANTONIA BICERRA, DOMINGO BICERRA, BERNARDO BICERRA, CAYETANO
BICERRA, LINDA BICERRA, PIO BICERRA and EUFRICINA BICERRA, plaintiffs-
appellants,
vs.
TOMASA TENEZA and BENJAMIN BARBOSA, defendants-appellees.

Facts:
• This case revolves around an appeal regarding the order of the CFI of Abra dismissing the
complaint filed by the Bicerras on the ground that the action was within the jurisdiction of the
Justice of the Peace Court of Lagangilang, and not CFI of Abra.
• The appellants were owners of the house worth Php 200 built in Lagangilang municipality.
• In 1957, it was forcibly demolished and the materials dismantled were placed in the custody of
the barrio lieutenant.
• When they requested for the delivery of the materials, this was not allowed. Hence, they
suffered actual damages (Php 200) and also demanded moral and consequential damages (Php
600).
• However, the complaint was dismissed by the CFI of Abra for lack of jurisdiction.

Issue:
• Whether or not the action involves a title to real property and therefore under the jurisdiction
of CFI Abra.

Ruling:
• NO.
• Article 415 of the Civil Code, land, buildings, roads, and constructions of all kinds adhered to
the soil are immovable properties. Since the action involves a house, this is an immovable
property and is then under the jurisdiction of CFI of Abra.
• However, the action involves a house which was already demolished. In which sense, it
already ceased to exist and also follows it lost its character of being an immovable property.
• Hence, the Justice of the Peace Court has jurisdiction over the case. The dismissal of the
complaint was proper.