Fact: Gaudencio and Pedro are brothers-in-law. Pedro filed a case against Gaudencio without alleging that earnest efforts were resorted to settle the dispute before the case was filed. Hernando overlooked such fact and did not file a motion to dismiss, but during the pre-trial, the judge noticed their relationship, so, he gave five (5) days for Hernando to file amend his complaint. When Hernando failed to amend, the judge dismissed the case on the ground of lack of jurisdiction because of the absence of an allegation of previous efforts towards reconciliation.
Issue: Is there a need for an earnest effort toward a compromise in this case?
Held: No. It has been held in Gayon vs. Gayon, 36 SCRA 104, that the enumeration of brothers and sisters as members of the same family, does not comprehend brothers or sisters-in-law; hence, there is no need to exert efforts towards a compromise before filing the present case. (Guerrero vs RTC, G.R. No. 109068, January 10, 1994)
Note:
The dismissal by the trial court on the ground of lack of jurisdiction was not proper because it should have been due to lack of a cause of action, or prematurity. The reason why it is improper is because, the failure to allege prior
recourse to settlement is not a jurisdictional requirement, but merely a condition precedent. It is the law that confers jurisdiction.
