No need to exert efforts towards a compromise before filing a case if the parties are brothers-in-law

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.

The enumeration of "brothers and sisters" as members of the same family does not comprehend "sisters-in-law

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)