GR L 3841; (August, 1907) (Digest)
G.R. No. L-3841
FACTS:
1. Case Background: This case involves a special proceeding for the settlement of the intestate estate of Jose Carlos Chung Mui Co.
2. Claim of Heirship: Chung Kiat (alias Sung Kiat) was declared by the lower court as the legitimate son and heir of the deceased.
3. Appeal: The appellants (Lim Kio et al.) contested this declaration and appealed the lower court’s decision.
4. Motion for New Trial: On March 1, 1907, the appellants filed a motion for a new trial based on newly discovered evidence under Section 497 of the Code of Civil Procedure ( Act No. 1596 ).
5. Allowance Order: The lower court had earlier ordered the administrator to pay Chung Kiat an allowance of 10 pesos per week for support during the proceedings. No appeal was taken from this order.
6. Motion to Suspend Allowance: While the appeal on heirship was pending, the appellants filed a motion in the Supreme Court to suspend the allowance payment to Chung Kiat.
ISSUES:
1. Motion for New Trial: Whether the appellants were entitled to a new trial based on newly discovered evidence under Section 497 of the Code of Civil Procedure.
2. Motion to Suspend Allowance: Whether the Supreme Court could modify the lower court’s allowance order through a motion filed in a separate appeal.
RULING:
1. Denial of Motion for New Trial:
– The Supreme Court held that Section 497 only applies to cases pending on a bill of exceptions, not to cases brought by appeal in special proceedings.
– Since this case was an appeal in a special proceeding, the motion for a new trial based on newly discovered evidence was denied.
2. Denial of Motion to Suspend Allowance:
– The Court ruled that the appellants could not seek modification of the allowance order through a motion in a separate appeal.
– The allowance order was a distinct ruling, and no appeal had been taken from it. Thus, the motion to suspend payment was denied.
DISPOSITIVE:
The Supreme Court denied both motions (for a new trial and to suspend the allowance) and upheld the lower court’s rulings.
CONCURRING JUSTICES:
Arellano, C.J., Torres, Johnson, and Tracey, JJ.