Fact: In 1967, Pedro Gayon is the brother of Silvestre Gayon whose wife is Genoveva Gayon. Pedro filed a case against against Silvetre and Genoveva for consolidation of ownership. Genoveva alleged that her husband, Silvestre, died long before the institution of this case. She prayed that for the dismissal of the case because Pedro, being a brother of the deceased Silvestre, "did not exert efforts for the amicable settlement of the case" before filing his complaint.
Issue: Is there a need for an earnest effort toward a compromise in this case?
Held: Art. 222 of the Civil Code provides:
No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, subject to the limitations in article 2035.This phrase, "members of the same family," should, however, be construed in the light of Art. 217 of the same Code, pursuant to which:
Family relations shall include those:
(1) Between husband and wife;
(2) Between parent and child;
(3) Among other ascendants and their descendants;
(4) Among brothers and sisters.
Genoveva is plaintiff's sister-in-law. "Sisters-in-law" are not listed under Art. 217 of the New Civil Code as members of the same family. Hence, the case does not come within the purview of Art. 222, and plaintiff's failure to seek a compromise before filing the complaint does not bar the same. (Gayon vs Gayon, G.R. No. L-28394, November 26, 1970)
