GR L 8942; (December, 1914)

EN BANC

G.R. No. L-8942 December 19, 1914

TEOFILO R. TORRALBA, ROBERTO VILLELA and JOSEFA BILLONES, petitioners-appellants,

vs.
TOMAS DEJAN, AMBROSIA DEJAN, MAGDALENA DEJAN and MARTINIANO SILARIA, objectors-appellee.

Juan Singson for appellants.
Vicente Urgello for appellees.

JOHNSON, J.:

This was a proceeding for the legalization of the will of Hiralria Dejan.itc@alf The petition for legalization was presented on the 29th of October 1912. The legalization was opposed by the defendant and appellees.

After hearing the respective parties, the lower court found that said pretended will was not authentic and denied the petition for the legalization of the same. From that decision the petitions appealed to this court and made several assignments of error. The first assignment of error is that the lower court committed an error in not making a finding of facts upon which his conclusions were based, in accordance with section 133, and others, of the Code of Procedure in Civil Actions.

We have held in numerous cases that the lower court, in deciding cases involving the determination of issues of fact, must make a written finding of facts upon which he based his conclusions. (Braga vs. Millora, 3 Phil. Rep., 458; Enriquez vs. Enriquez, 3 Phil. Rep., 746; Early vs. Sy-Giang, 4 Phil. Rep., 727; City of Manila vs. Insular Government, 9 Phil. Rep., 71; Gavieres vs. Admr. of Peña, 13 Phil. Rep., 449; Aringo vs. Arena, 14 Phil. Rep., 263; Alindogan vs. Insular Government, 15 Phil. Rep., 168; Montelibano vs. Director of Lands, 21 Phil. Rep., 449; Galvez vs. Causing et al., R. G. No. 9262, not reported.)

For the reason that the lower court failed to comply with section 133 of Act No. 190, in making a finding of facts upon which he based his conclusions, it is hereby ordered and decreed that the record be remanded to the lower court, with direction that the judge thereof make a finding of facts based upon the proof already presented, and return such finding to this court, together with the record, within a period of thirty days form the receipt of this order. And without any finding as to costs, it is so ordered.

Arellano, C.J., Torres, Carson, Moreland and Araullo, JJ., concur.1awphil.net
Trent, J., dissents.

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