Gayon v.

Gayon
G.R. No. L-28394
November 26, 1970
Concepcion
PEDRO
GAYON
petitioners
responden SILVESTRE GAYON and GENOVEVA DE GAYON

Ramos

ts
summary Petitioner filed a complaint against his brother and his wife (i.e. sister-in-law)

for the enforcement of a contract where the latter sold a parcel of land in favor
of the former. Before the case was instituted, the brother already died. As a
way of defense, the sister-in-law alleged that before family members can file a
case against one another, the complainant must first exert efforts for the
amicable settlement of the case as provided in Art. 222 of the Civil Code. The
Court said that (1) since the brother is already dead, he can no longer be a
party to the case and that (2) under Art. 217 of CC, family relations shall
include only (1) Between husband and wife; (2) Between parent and child; (3)
Among other ascendants and their descendants; (4) Among brothers and
sisters. Therefore, a sister-in-law is not under the family relations as
contemplated in Art. 217 of CC.

facts of the case

Pedro Gayon filed a complaint against the spouses Silvestre Gayon and Genoveva de Gayon,
alleging the following: (1) the respondents executed a deed whereby they sold to Pedro Gelera a
parcel of unregistered land in Guimbal, Iloilo for P500 with a right of redemption, (2) the property
was not redeemed by the respondents nor their heirs and the period for redemption had already
expired, and (3) he had already paid taxes and introduced improvements on the land.
Genoveva countered saying that that her husband died long before the institution of this case
and that the deed is fictitious for the signature thereon purporting to be her signature is not hers;
and that neither she nor her deceased husband had ever executed "any document of whatever
nature in plaintiff's favor, and that being a brother of the deceased Silvestre Gayon,
plaintiff "did not exert efforts for the amicable settlement of the case" before filing
his complaint. She prayed, therefore, that the same be dismissed and that plaintiff be
sentenced to pay damages. She filed an MTD.
TC: granted MTD since property was owned solely by husband but now he is dead, and his
wife has nothing to do with the land which was subject of the complaint.

issue

Whether plaintiff should exert effort to enter into an amicable settlement with respondent (NO)

ratio

It is not true that Mrs. Gayon "has nothing to do with the land subject of plaintiff's complaint."
since as the widow of Silvestre Gayon, she is one of his compulsory heirs and has, accordingly,
an interest in the property in question.
As regards petitioners failure to seek a compromise, Art. 222 of our Civil Code provides:
Art. 222. 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.
1

It is noteworthy that the impediment arising from this provision applies to suits "filed or
maintained between members of the same family." This phrase, "members of the same family,"
should, however, be construed in the light of Art. 217 of the CC:
Art. 217. 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.
Mrs. Gayon is plaintiff's sister-in-law, whereas her children are his nephews and/or nieces.
Inasmuch as none of them is included in the enumeration contained in said Art. 217 which
should be construed strictly, it being an exception to the general rule and Silvestre Gayon
must necessarily be excluded as party in the case at bar, it follows that the same 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.