24 Intramuros Administration Vs Offshore Construction and Development Co PDF

Case Number 24
Intramuros Administration vs. Offshore Construction and Development Company

857 SCRA 549 (2017)
FACTS:
In 1998, Intramuros leased certain real properties of the national government, which it administered to Offshore
Construction. Three (3) properties were subjects of Contracts of Lease: Baluarte De San Andres, Baluarte De
San Francisco De Dilao and Revellin De Recoletos. All three (3) properties were leased for five (5) years, from
September 1, 1998 to August 31, 2003.
Offshore Construction occupied and introduced improvements in the leased premises. However, Intramuros and
the Department of Tourism halted the projects due to Offshore Construction’s non-conformity with Presidential
Decree No. 1616, which required 16th to 19th centuries’ Philippine-Spanish architecture in the area.
During the lease period, Offshore Construction failed to pay its utility bills and rental fees, despite several demand
letters. Intramuros tolerated the continuing occupation, hoping that Offshore Construction would pay its arrears.
To settle its arrears, Offshore Construction proposed to pay the Department of Tourism’s monthly operational
expenses for lights and sound equipment, electricity, and performers at the Baluarte Plano Luneta de Sta. Isabel.
Intramuros and the Department of Tourism accepted the offer, and the parties executed a Memorandum of
Agreement covering the period of August 15, 2004 to August 25, 2005.
However, Offshore Construction continued to fail to pay its arrears, which amounted to P13,448,867.45 as of
December 31, 2009. On March 26, 2010, Offshore Construction received Intramuros’ latest demand letter.
Original Proceedings (MeTC)
Intramuros filed a Complaint for Ejectment before the Manila Metropolitan Trial Court on April 28, 2010. Offshore
Construction filed its Answer with Special and Affirmative Defenses and Compulsory Counterclaim. On July 12,
2010, Offshore Construction filed a Very Urgent Motion, praying that Intramuros’ complaint be dismissed on the
grounds of violation of the rule on non-forum shopping, lack of jurisdiction over the case, and litis pendentia. It
argued that the Metropolitan Trial Court did not acquire jurisdiction over the case since the relationship between
the parties was not one of lessor-lessee but governed by a concession agreement.
In its October 19, 2010 Order, the Metropolitan Trial Court granted the motion and dismissed the case.
Preliminarily, it found that while a motion to dismiss is a prohibited pleading under the Rule on Summary
Procedure, Offshore Construction’s motion was grounded on the lack of jurisdiction over the subject matter. The
Metropolitan Trial Court found that Intramuros committed forum shopping and that it had no jurisdiction over the
case.
It held that it had no jurisdiction over the complaint. While there were lease contracts between the parties, the
existence of the other contracts between them made Intramuros and Offshore Construction’s relationship as one
of concession. Under this concession agreement, Offshore Construction undertook to develop several areas of
the Intramuros District, for which it incurred expenses. The trial court found that the issues could not be mere
possession and rentals only
Appellate Proceedings (RTC – Rule 40)
Intramuros appealed the MTC Order with the RTC. The RTC affirmed the MTC Order in toto.
Appellate Proceedings (SC – Rule 45)
Intramuros filed its Petition for Review on Certiorari assailing the RTC decision. In its Petition for Review,
Intramuros claims that the MTC could have determined the issue of jurisdiction based on the allegations in its
complaint. It points out that “jurisdiction over the subject matter is determined by the allegations [in] the complaint”
and that the trial court’s jurisdiction is not lost “just because the defendant makes a contrary allegation” in its
defense.
ISSUE:
WON the MTC had jurisdiction over the ejectment complaint filed by Intramuros Administration.
HELD:
Yes.
It is settled that the only issue that must be settled in an ejectment proceeding is physical possession of the
property involved. Specifically, action for unlawful detainer is brought against a possessor who unlawfully
withholds possession after the termination and expiration of the right to hold possession.
To determine the nature of the action and the jurisdiction of the court, the allegations in the complaint must be
examined. The jurisdictional facts must be evident on the face of the complaint.
There is a case for unlawful detainer if the complaint states the following:
(a) initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff;
(b) eventually, such possession became illegal upon notice by plaintiff to defendant of the termination of the
latter’s right of possession;
(c) thereafter, the defendant remained in possession of the property and deprived the plaintiff of the enjoyment
thereof; and
(d) within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint
for ejectment.
A review of petitioner’s Complaint for Ejectment shows that all of these allegations were made.
The Metropolitan Trial Court seriously erred in finding that it did not have jurisdiction over petitioner’s complaint
because the parties’ situation has allegedly become “more complicated” than one of lease.
Respondent’s defense that its relationship with petitioner is one of concession rather than lease does not
determine whether or not the Metropolitan Trial Court has jurisdiction over petitioner’s complaint. The pleas or
theories set up by a defendant in its answer or motion to dismiss do not affect the court’s jurisdiction.
Not even the claim that there is an implied new lease or tacita reconduccion will remove the Metropolitan Trial
Court’s jurisdiction over the complaint.
To emphasize, physical possession, or de facto possession, is the sole issue to be resolved in ejectment
proceedings. Regardless of the claims or defenses raised by a defendant, a Metropolitan Trial Court has
jurisdiction over an ejectment complaint once it has been shown that the requisite jurisdictional facts have been
alleged, such as in this case.
Courts are reminded not to abdicate their jurisdiction to resolve the issue of physical possession, as there is a
public need to prevent a breach of the peace by requiring parties to resort to legal means to recover possession
of real property.

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Case Number 24

Intramuros Administration vs. Offshore Construction and Development Company

Original Proceedings (MeTC)

Appellate Proceedings (RTC – Rule 40)

Appellate Proceedings (SC – Rule 45)

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