Cesar F. Firmeza, Jr., et al. vs. Golden Gate Realty Corporation

[SEC-SICD * CASE NO. 1898. October 9, 1980.]

CESAR F. FIRMEZA, JR., ET AL., petitioners, vs. GOLDEN GATE REALTY CORPORATION, respondent.

O R D E R

Submitted for resolution is the motion to dismiss filed by respondent on the grounds that this Commission has no jurisdiction over the subject matter of the case and res judicata bar the instant complaint because a similar case has been decided by the City Court of Iloilo City under Civil Case No. 12804. Petitioners filed an opposition to the said motion to dismiss, alleging that the Commission has in fact original and exclusive jurisdiction over the case and that res judicata will not lie because of lack of identity of parties. cdphil

A perusal of the petition shows that petitioners are tenants of a building now owned by respondent Golden Gate Realty Corporation. The occupancy by petitioners of the building was by virtue of a verbal agreement entered into by them and the original owner thereof. After the building was sold to respondent Golden Gate Realty Corporation, it demanded from petitioners an...

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