G.R. No. L‑2855 (December 19, 1906)

FACTS
– Plaintiffs (Fleming & Co., et al.) owned the steam launch Patro under the command of Fred D. Burdett.
– On 17 August 1904 the master of the lorcha Nuestra Señora del Carmen, Andres Baeza, sent a written request to Burdett stating the vessel had no rudder and was in “grave danger,” asking that Patro tow the lorcha to safety across the Gigantes Islands.
– Burdett complied and towed the lorcha a short distance to a place of safety.
– The plaintiffs sued the lorcha in the Court of First Instance (C.F.I.) of Iloilo to recover salvage compensation.
– The C.F.I. found the facts as above and awarded the plaintiffs ₱200 as salvage; the defendant admitted the tow but claimed Burdett had renounced any payment.
– The plaintiffs appealed, alleging: (1) error in limiting compensation to ₱200; (2) abuse of discretion; (3) denial of a motion for a new trial.
– The defendant also raised, for the first time, objections to the propriety of the action’s form.

ISSUE
Whether the Court of First Instance erred in (a) awarding only ₱200 as salvage compensation, (b) exercising its discretion in doing so, (c) denying the plaintiffs’ motion for a new trial, and (d) the appellate court’s consideration of the defendant’s newly‑raised procedural objections.

RULING
– The Supreme Court found no factual basis in the record to warrant alteration of the ₱200 award; the lower court’s determination was upheld.
– The denial of the motion for a new trial was affirmed because the affidavit of Fred D. Burdett presented no new evidence beyond what had already been considered by the C.F.I.
– Procedural objections raised by the defendant for the first time on appeal were not entertained, as they were not presented to the lower court.
– Judgment of the Court of First Instance is AFFIRMED; costs awarded to the plaintiffs; cause remanded to the lower court for execution.