GR 3278; (January, 1907) (Digest)
G.R. No. 3278
January 29, 1907
FACTS
– On 12 Sept 1905 the plaintiff, Marcelino Reyes, obtained a judgment from a Justice of the Peace against defendants (Lorenza Alburo et al.) for ₱200.
– The defendants timely filed an appeal to the Court of First Instance (CFI).
– On 20 Feb 1906 the plaintiff moved to have the judgment entered, contending that the defendants had neither lodged the appeal in the CFI nor paid the clerk’s fees. The trial court granted the motion, issued an execution, and levied ₱205 against the defendants’ property.
– The defendants appealed from this order/judgment.
ISSUE
Whether the entry of judgment and issuance of execution based on the Justice of the Peace’s decision are valid after the defendants have appealed to the CFI, and what procedural effect the appeal has on the original judgment.
RULING
The Supreme Court held that the filing of an appeal vacates the judgment of the Justice of the Peace; the case must be tried de novo in the Court of First Instance. Consequently, no judgment may be entered in the CFI relying on the original peace‑court proceedings. The order entering judgment and the subsequent execution were reversed and set aside. The case was remanded to the lower court for proper adjudication in accordance with law. No costs were awarded to either party. Execution of the remand was to follow after the prescribed period.
Concurrence: Justices Arellano, C.J., Torres, Mapa, Johnson, Carson, and Tracey.
