Labaya, Paolo Bernabe E.

Magbaleta v. Gonong RATIO:

April 22, 1977 | Barredo, J. | Effects of family relationships on 1. Every effort must be made toward a compromise before
legal disputes litigation is allowed to breed hate and passion in the
family, for a lawsuit between close relatives generates
PETITIONER: Rufino Magbaleta, Romana Magbaleta, deeper bitterness than between strangers.
Susana Baldovi 2. These considerations, however, do not weigh enough to
RESPONDENTS: Hon. Arsenio Gonong, Catalino Magbaleta make it imperative that such efforts to compromise
should be a jurisdictional pre-requisite for the
DOCTRINE: Generally, every effort must be made toward a maintenance of an action whenever a stranger is a party,
compromise before litigation may be done if the litigants are whether necessary or indispensable.
family members. However, there is a stranger to the action, 3. An alien cannot be said to be always willing to suffer the
whether necessary or indispensable, the jurisdictional pre- inconvenience of the delay and complications of the
requisite of compromise may be dispensed with. And will wrangling between relatives.
need to weigh more to make it imperative. 4. It is not practical and fair that the determination of the
rights of a stranger who just happened to have
FACTS: innocently acquired some interest in any right or
1. Rufino Magbaleta, Romana Magbaleta, and Susan property disputed among the family should be made to
Baldovi filed a petition for certiorari on the denial of depend on how the family would settle their differences.
Judge Gonong to dismiss the case.
2. The petitioners, in this case, wanted to have the case
dismissed because, according to them, the complainant in
this case, Catalino Magbaleta, is the first two petitioner’s
brother. Hence, Catalino must first comply with the
jurisdictional pre-requisite of compromise before
litigation may be had.
3. The respondent Judge Gonong refused to dismiss the
case because the last petitioner, Susana Baldovi, is a
stranger.
4. Hence, this petition
ISSUE/s:
1. Whether the respondent judge is correct in sustaining the
action -YES

RULING: WHEREFORE, the petition is dismissed.