Facts:

• Rosario Guevara and Pedro Buyson filed a petition against the Court of Appeals and Ernesto M. Guevara.
• The Court of First Instance of Pangasinan ordered Ernesto M. Guevara to deliver a certain portion of land to Rosario Guevara and Pedro Buyson.
• Both parties appealed the decision.
• Ernesto M. Guevara offered to file an appeal bond during the process of perfecting his appeal.
• The Court of First Instance approved the record on appeal without requiring an appeal bond.
• The petitioners asked the Court of Appeals to dismiss the appeal for failure to file an appeal bond, which the Court of Appeals denied.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled that the new Rules of Court should not be applied in this case.
• Rule 133 of the new Rules of Court states that the rules shall take effect on July 1, 1940, and shall govern all cases brought after that date, as well as all further proceedings in cases then pending.
• However, the court has the discretion to apply the former procedure if it would not be feasible or would work injustice.
• In this case, the court found that applying the new Rules of Court would be unjust because Ernesto M. Guevara had offered t...(Unlock)

Ratio:

• The court's decision was based on Rule 133 of the new Rules of Court, which allows the court to apply the former procedure if it ...continue reading