G.R. No. 862
Date: September 27, 1905
Parties:
– Plaintiff-Appellee: Jose Vazquez
– Defendant-Appellant: Benito Sanchez
FACTS:
The case originated in the Court of First Instance of Bacolod, Occidental Negros, under the old Code of Civil Procedure governing actions involving more than 500 but less than 2,500 pesetas (juicios de menor cuantia). The complaint was filed in May 1901. While the trial was ongoing, the new Code of Civil Procedure took effect on October 1, 1901. At that time, the parties had not agreed on disputed facts, and both had offered to present evidence, but the actual taking of evidence had not yet been completed.
The trial court proceeded under the old Code of Civil Procedure, citing the parties for judgment and allowing the defendant’s appeal without requiring a bill of exceptions, instead forwarding the original record to the Supreme Court. Evidence was taken orally over four sessions but was not reduced to writing or included in the record. The judgment appealed from also lacked findings of fact.
ISSUE:
Whether the trial court committed reversible error by proceeding under the old Code of Civil Procedure without reducing the evidence to writing and by rendering a judgment without findings of fact, thereby depriving the Supreme Court of a basis to review the case on its merits.
RULING:
The Supreme Court set aside the judgment and remanded the case for a new trial. The Court held that:
1. Under the old Code of Civil Procedure, evidence must be reduced to writing and forwarded to the Supreme Court on appeal. The failure to do so vitiated the proceedings, as the Court could not review the case without the original evidence.
2. The judgment lacked findings of fact, which was a serious defect, especially in the absence of evidence in the record. This left no basis to determine the correctness of the legal conclusions and judgment below.
3. Although the trial court had authority under Section 759 of the new Code of Civil Procedure to apply its provisions, it did not do so, and the proceedings followed the old procedure.
The case was remanded to the Court of First Instance of Occidental Negros for a new trial, with no special costs awarded for the appeal.
