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SYLLABUS
DECISION
TRENT , J : p
Other additional jurisdiction granted to justice of the peace by Acts No. 2041 and
2131 is not before the court. We need only say that such other additional jurisdiction
bears no relation whatever to those void provisions of the statutes which provide for
jurisdiction in real-estate actions; and applying the same rules to the rest of the Act
which we have applied to the clause conferring concurrent jurisdiction in real-estate
actions between the amounts of P200 and P600, we are clearly of the opinion that the
validity of the remainder of this Act is not in any case dependent upon the said void
provision.
In conclusion, it seems advisable to state that the able brief of counsel for the
respondent judge is based upon the a priori assumption that the original jurisdiction of
Courts of First Instance in real-estate actions is, by the Organic Law, made exclusive.
We have found it quite unnecessary to postulate any such theory in disposing of the
case. Nor has it been necessary to rely upon the second point made by counsel to the
effect that jurisdiction in real-estate actions had never been conferred upon justices of
the peace in the United States or England.
The judgment of the justice of the peace which it is desired to have the
respondent judge in this action review in absolute nullity. The respondent judge
acquired jurisdiction of the cause only for purpose of dismissing the appeal, and in
further directing the justice of the peace to proceed with the execution of the void
judgment, the respondent judge was in error.
The preliminary injunction granted by this court, staying the execution of the
judgment, will be made permanent, and the writ of mandamus prayed for must be
denied. The petitioner will pay the costs of the cause. This opinion will be substituted
for the one handed down by this court in the same case at the close of the last term. So
ordered.
Arellano, C.J., Torres, Johnson and Moreland, JJ., concur.