G.R. No. 858 : February 5, 1903
FRANCISCO MARTINEZ, plaintiff-appellee, vs. PEDRO MARTINEZ, defendant-appellant.

FACTS:
The Supreme Court, in a decision dated January 23, 1903, reversed the judgment in favor of the plaintiff-appellee and remanded the case for a new trial, with costs assessed against the appellee. The appellee filed a motion seeking a revision of the order regarding costs, arguing that under prior laws, it was improper to charge the appellee with costs upon reversal of a judgment.

ISSUE:
Whether the order on costs in the Supreme Court’s decision of January 23, 1903, properly applies under the present Code of Civil Procedure, and what costs are covered by such an order.

RULING:
The Supreme Court denied the appellee’s motion. It held that the provisions of law cited by the appellee, which were in force prior to the enactment of the present Code of Civil Procedure, had been repealed. The matter of costs is now governed by Articles 487495 of the Code of Civil Procedure. When a case is brought to the Supreme Court on appeal via a bill of exceptions and the judgment is reversed with a new trial granted, the Court’s order on costs pertains only to the costs of the appeal (costs of the second instance). It does not affect costs already accrued in the lower court or those that may accrue after remand; those costs remain to be determined upon final disposition of the case. To clarify any ambiguity, the Court amended its January 23, 1903 decision by adding the phrase “of this second instance” after the words “the costs” in the last line.