Case Digest (G.R)
Case Digest (G.R)
Facts:
In Roque S. Monfort v. Emilio Aguinaldo, Felicidad Aguinaldo, and the Court of Appeals, G.R. No. L-4104, May 02, 1952, the Supreme Court En Banc, Bautista Angelo, J., writing for the Court, resolved a petition for review by certiorari from a resolution of the Court of Appeals dated January 31, 1950.
Roque S. Monfort (petitioner) brought a complaint for foreclosure of mortgage against Emilio Aguinaldo and Felicidad Aguinaldo in the Court of First Instance of Rizal; the trial court entered judgment for Monfort. On appeal the Court of Appeals affirmed that judgment by its decision of August 19, 1942. On September 29, 1942, the Aguinaldos filed an ex parte motion for reconsideration in the Court of Appeals.
Without giving Monfort an opportunity to answer, the Court of Appeals on May 31, 1943 issued a resolution reversing its August 19, 1942 decision. The case was taken to the Supreme Court (recorded as G.R. No. 49059 in the opinion), which revoked the Court of Appeals’ May 31, 1943 resolution on a procedural ground — specifically ordering that the opposing party be allowed to answer the ex parte motion — and remanded the matter to the Court of Appeals.
After remand the Court of Appeals promulgated the resolution of January 31, 1950, which modified its earlier action by ordering the defendants to pay petitioner P52.33 with 7% interest from February 18, 1936, plus 10% attorney’s fees, and providing that, if not paid within 90 days after finality, the mortgaged properties would be sold at public auction. Petitioner then filed the present appeal by certiorari to the Supreme Court, challenging principally the Court of Appeals’ factual findings concerning payment, the admissibility and probative value of Exhibit “25” (Aguinaldo’s book of accounts), and the Court of Appeals’ conduct after the Supreme Court’s earlier revocation.
Issues:
- May the Supreme Court re-examine and overturn the Court of Appeals’ findings of fact and credibility (including admission and weight of evidence) in this foreclosure action?
- Did the Court of Appeals willfully defy or disobey the Supreme Court’s prior resolution (G.R. No. 49059) by reaffirming its May 31, 1943 resolution after remand?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)