Case Digest (G.R. No. 850)
Facts:
- Los Hijos de I. de la Rama filed a suit against Eriberto Mijares regarding certain promissory notes amounting to $4,500.
- The suit was initially filed as an executive action on January 4, 1900, but later converted into an ordinary declarative action on October 21, 1901.
- The proceedings in the case were conducted under the provisions of the Code of Civil Procedure, 1901, until the trial.
- After the judgment was rendered, the judge applied the provisions of the old Code of Civil Procedure and allowed an appeal under the old procedure.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of the appellant and reversed the judgment of the Court of First Instance. ...(Unlock)
Ratio:
- When the proceedings in a case were conducted under the new Code of Civil Procedure but brought up on appeal under the old procedure, and the records are in a confused state, it becomes impossible to determine the case on its merits.
- In such circumstances, the court has the discretion to reverse and remand the case f...continue reading
Case Digest (G.R. No. 850)
Facts:
The case of Los Hijos de De la Rama v. Mijares involves a suit brought by Los Hijos de I. de la Rama against the defendant, Eriberto Mijares, on certain promissory notes totaling $4,500. The suit was initially filed as an executive action on January 4, 1900, but later converted into an ordinary declarative action on October 21, 1901. The proceedings in the case followed the provisions of the Code of Civil Procedure, 1901, until the trial stage. However, after the rendition of judgment, the judge adopted the provisions of the old Code of Civil Procedure and granted an appeal accordingly.
Issue:
The main issue in this case is the procedural error committed by the judge in applying the old Code of Civil Procedure for the appeal instead of following the prov...