EN BANC
G.R. No. L-15498; July 31, 1962
LUCAS ROQUE, ET AL., plaintiffs;
LUCAS ROQUE, plaintiff-appellant,
vs.
SAN MIGUEL BREWERY, INC., defendant-appellee,
PHILIPPINE STEAM NAVIGATION COMPANY, defendant-appellant.
Zulueta and Lucero for plaintiff-appellant.
Ponce Enrile, Siguion Reyna, Montecillo and Belo defendant-appellee.
E. B. Garcia for defendant-appellant.
R E S O L U T I O N
CONCEPCION, J.:
Appeal, taken by plaintiffs, Lucas Roque, et al., and defendant Philippine Steam Navigation Company from a decision of the Court of First Instance of Manila.
In their complaint, filed with said court on November 27, 1956, Lucas Roque, his children, Ligaya, Resurreccion, Aurora, Narzas, Raquel, Catalina and Wilhemina, all surnamed Roque, and his mother, Eulogia Dizon Vda. de Roque, seek to recover, from the San Miguel Brewery, Inc., the Philippine Steam Navigation Co. and its agent, Philippine Everett Steamship Corporation, the aggregate sum of P91,300.00, by way of expenses for hospitalization, compensatory damages, loss or impairment of earning capacity, moral damages, exemplary damages, attorney’s fees and expenses of litigation on account of the injuries sustained by Lucas Roque, in Manila, on October 17, 1956, as Passenger of the “M/S KOLUMBUGAN”, belonging to the Philippine Steam Navigation Co., of which the Everett Steamship Corporation is its agent, owing to the explosion, on board said vessel, of an oxygen tank of the San Miguel Brewery, Inc., due allegedly to the negligence of said three (3) defendants, and to the failure of said vessel to sail for its destination, Iloilo, without justifiable cause, as well as to other acts and omissions of said defendants set forth in plaintiff’s complaint.
In due course, the defendants filed their respective answers contesting plaintiff’s claim. Moreover, the Philippine Steam Navigation Co. filed a cross-claim against the San Miguel Brewery, Inc., which, in turn set up a counterclaim against the plaintiffs.
After appropriate proceedings, thereafter, the Court of First Instance of Manila rendered a decision on February 26, 1959, sentencing the Philippine Steam Navigation Co. to pay to plaintiff (?) the aggregate sum of P11,294 “as damages for hospitalization, doctor’s fees, etc. . . . additional expenses during the recuperation, . . . lost income” during said period and “attorney’s fees”, and dismissing the case with respect to defendant Everett Steamship Corporation, as well as the cross-claim of the Philippine Steam Navigation, Co. against the San Miguel Brewery, Inc. and the latter’s counterclaim, with costs against the Philippine Steam Navigation Co. This defendant gave notice of its intention to appeal from said decision “to the Honorable Supreme Court which has exclusive appellate jurisdiction over the case the value in controversy being in excess of P50,000.00, exclusive of interest and costs”. Similarly, Lucas Roque gave a notice of appeal to the same Court, “the amount in controversy being within the latter’s appellate jurisdiction, on the ground that said decision is contrary to law and evidence”.
Appellant Philippine Steam Navigation Co. did not file any brief, whereas that of appellant Lucas Roque raises mainly questions of facts, which, in view of the amount involved in this litigation, are not within the exclusive appellate jurisdiction of the Court of Appeals (Sections 17 and 29, Republic Act No. 296, as amended by Republic Act No. 2613).
WHEREFORE, pursuant to Section 31 of Republic Act No. 296, as amended, let the record of this appeal be certified to the Court of Appeals, for determination by the same in accordance with law. It is so ordered.
Bengzon, C.J., Bautista Angelo, Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.
Padilla, J., took no part.
Batas Pinas
