GR 42752; (September, 1938) (Digest)
G.R. No. 42752; September 21, 1938
CATALINO SEVILLA ET AL., plaintiffs, vs. GAUDENCIO TOLENTINO, defendant-appellant. FERNANDO BUSUEGO, defendant-appellee.
FACTS
Petitioners (plaintiffs-appellants) sought to recall the case from the Court of Appeals, to which it had been certified and transferred by the clerk of the Supreme Court. The case involves title to a piece of land valued at much less than ₱50,000 and raises questions of fact. The jurisdiction of the lower court is not in issue, and no constitutional question is presented. The transfer occurred under Commonwealth Act No. 3, which redefined the appellate jurisdictions of the Supreme Court and the newly created Court of Appeals. Later, Commonwealth Act No. 259 took effect, further amending the apportionment of jurisdiction between the two courts.
ISSUE
Whether the Supreme Court or the Court of Appeals has appellate jurisdiction over the case after the enactment of Commonwealth Act No. 259, which increased the jurisdictional amount for Supreme Court review.
RULING
The Supreme Court denied the petition and held that the Court of Appeals properly has jurisdiction. Statutes regulating the right of appeal are remedial, and a statutory change in appellate court jurisdiction, absent restrictions, applies to cases pending when the change takes effect. The transitory provision in Commonwealth Act No. 3 (Section 145-0), which directed the transfer of pending cases to the Court of Appeals upon its organization, had already served its purpose by the time Commonwealth Act No. 259 was approved. Under Commonwealth Act No. 259, the Court of Appeals has exclusive appellate jurisdiction over civil cases where the value in controversy does not exceed ₱50,000 and only questions of fact are involved, as in this case.
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