G.R. No. 9232 - Tambunting vs. De Vera

The appellant must forward the entire evidence presented at the trial to the appellate court for a review.
Partial transmission of evidence is insufficient for the appellate court to consider the appeal.
The appellate court is bound to accept the findings of fact and conclusions of the lower court if the complete evidence is not provided.
Untranscribed stenographic notes do not fulfill the requirement for evidence transmission, as they are not accessible to the court or parties involved.

The appeal arises from a judgment rendered on April 28, 1913, in favor of the plaintiff, Ildefonso Tambunting, ordering the defendants to restore possession of a property located on Calle Benavides and to pay rental value.
The plaintiff claimed ownership and possession of the property, asserting that the defendants unlawfully occupied it after the death of his tenant, Andres de Guzman, in 1910.
The plaintiff alleged that he acquired ownership through a right of repurchase agreement with Guzman, who failed to redeem the property within the stipulated time.

The defendants admitted some facts but denied others, asserting that the property belonged to the estate of Antonino de Guzman and Gregoria de la Cruz.
They contended that the plaintiff misrepresented the leasing arrangement and that the property was co-owned by the heirs of Andres de Guzman.
The defendants claimed they had a right to redeem the property by paying the debt incurred by their coheir, Andres de Guzman.

After hearing evidence from both parties, the lower court ruled in favor of the plaintiff, affirming his ownership and right to possession.
The plaintiff provided documentation to support his claim, including a possessory information proceeding that established his ownership.
The court found that the defendants failed to present sufficient evidence to support their claims of ownership or their alleged offer to redeem the property.

The appellate court could not review the trial court's findings due to the failure of the appellants to provide transcribed evidence.
The court reiterated the principle that the c...continue reading