G.R. No. L-3415 June 11, 1951
EUFENIO JUSTO, ET AL., plaintiffs-appellants, vs. EUTROPIA C. HERNANDO, ET AL., defendants-appellees.

FACTS

The plaintiffs-appellants appealed directly to the Supreme Court, raising only questions of law. The defendants-appellees, in their brief, raised questions of fact, specifically disputing the trial court’s finding that the lands in question were already private lands owned by the appellants at the time of the application for and issuance of the Free Patent. This created a procedural issue regarding the proper forum for the appeal.

ISSUE

Whether the appeal should be decided by the Supreme Court, confining the issue to the questions of law raised by the appellant, or whether it should be referred to the Court of Appeals because the appellee raised questions of fact.

RULING

The Supreme Court ruled that the appeal involves both questions of law and fact. It held that an appellee who obtains a favorable judgment is not required to appeal and may only decide which court should hear the appeal after reading the appellant’s brief to understand the issues and arguments. To avoid undue delay and in the interest of justice and equity, the case was referred to the Court of Appeals for consideration and decision.