G.R. No. 5112 - Breta vs. Smith, Bell and Co.

Case Digest (G.R. No. 5112)
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Facts:

Background of the Case

On February 18, 1908, Francisca Breta filed a written complaint with the Court of First Instance of Albay against Smith, Bell & Co., a firm with a branch office established at the port of Legaspi.
The plaintiff alleged that she was the owner, with full control and right of possession, of a building lot in the barrio of Santa Cruz, municipality of Ligao, Albay, measuring approximately 25 topones. The lot was described as bounded:

On the north by the property of Leon Pincaro;
On the south by the land of Juan Roco (intersected by a footpath leading to Ralla’s barn);
On the east by the lot of Saturnina Breta (formerly owned by Juliana Breta and now in possession of the defendant firm);
On the west by the public road between Pandan and Cabasi.

Additionally, the plaintiff claimed ownership of a camarin (a small shed) built of wood and light materials, situated on the said lot with a frontage of approximately 12 varas and a depth of 8 varas, which was occupied by a Chinaman named Lim Tongco.

Allegations of Wrongful Seizure and Damages

Francisca Breta asserted that on or about March 23, 1907, the defendant company had seized the property under the pretense of having real rights adverse to hers, thereby depriving her of its possession and use.
She claimed losses and damages amounting to:

P50 for the wear and use of the camarin;
P20 monthly for the period from March 23, 1907 until the restoration of her possession;
P100 representing the profits she would have earned had she maintained possession of the property.

The relief prayed included restitution of the property with full control and possession, recovery of the calculated losses and damages, and payment of the costs of the proceedings.

Defendant’s Answer and Special Defense

The defendants, having been duly summoned, answered the complaint on March 18, 1908, and admitted only the first two paragraphs of the complaint while denying the other allegations.
As a special defense, the defendants contended that:

Prior to March 23, 1907, Saturnina Breta (now deceased) had owned and possessed a different lot in Ligao, described in detail with specific boundaries and measurements.
Saturnina Breta had mortgaged this property to the defendant company, and following foreclosure, the property was sold by public auction on the said date and adjudicated to them as the highest bidder.
After the debtor’s death and the appointment of an estate administrator, the plaintiff had presented a claim for P30 concerning a lien on the property—a claim which was admitted and resolved in favor of the plaintiff but never appealed by her.
The defendant company, upon learning of this claim, defended its right of possession, incurring P300 in expenses, and noted that the plaintiff had not intervened or taken any part in the proceedings concerning the possession of the disputed property.

The defendants prayed for:

The dismissal of the complaint;
Estoppel of the plaintiff from claiming the property in the future; and
An order enjoining the plaintiff from further legal action regarding the property along with the award of costs.

Trial Proceedings and Post-Trial Motions

The case was tried, with both parties presenting evidence, exhibits, and oral arguments.
On April 24, 1908, the trial court rendered judgment against the plaintiff and dismissed her complaint with costs.
Subsequently, on April 25, 1908:

The plaintiff excepted to the judgment and moved for a new trial, requesting an amendment of the judgment that showed clearly the factual basis derived from the evidence.
She also presented a motion for reopening and a new trial on the grounds that the judgment was contrary to the evidence, law, and equity, and that the testimony of witnesses was not correctly recorded by the stenographer.

On April 27, 1908, the trial court overruled the motions for a new trial on the basis that the facts stated in the judgment sufficiently described the evidence and that both attorneys had stated in open court that it was unnecessary for the stenographer to record the witness testimony.
A bill of exceptions was prepared, but controversy arose regarding the inclusion of witness testimony not contained in the official record. The court directed the elimination of such testimony, leading to further disputes between the parties. Ultimately, the judge found the notes from the trial too brief to incorporate all testimony with certainty, ordering that all documents be transmitted to the Supreme Court.

Applicable Statutory Provisions and Fixed Doctrine

Section 1 of Act No. 1596 (enacted February 25, 1907) amended section 497 of Act No. 190 (Code of Procedure in Civil Actions) and provided that if a motion for a new trial is filed and overruled, the Supreme Court may review all the evidence upon appeal.
Act No. 1123 (enacted April 27, 1904) also provided for the immediate transmission of the original bill of exceptions and related documents to the Supreme Court for review.
It is an established rule of this court that an appellant must ensure all the evidence is submitted on appeal. A party cannot selectively present only part of the evidence and then seek a reversal on those grounds.

Issues:

Whether the trial court erred in denying the motion for a new trial and in over-relying on the undisputed documentary evidence in the absence of oral testimony.

The issue centers on the waiver of recording the oral testimony by the plaintiff’s counsel, which affected the availability of complete evidence for appellate review.
Whether such waiver, accompanied by the defendant’s consenting conduct, precluded the possibility of a proper review of all the evidence.

Whether the failure to have all the oral evidence recorded and submitted to the Supreme Court precluded the appellant from averring that the trial court’s findings of fact were unsupported by the overall evidence.

The matter involves the application of Act No. 1596 and Act No. 1123 concerning the necessity of transmitting full evidence for appellate review.
The court had to determine if the omission of the oral evidence affected the integrity of the trial court’s fact-finding.

Whether the doctrine that requires submission of all evidence on appeal justifies the trial court’s reliance on the available documentary evidence, thereby upholding its judgment.

Ruling:

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Ratio:

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Doctrine:

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