GR L 4881; (July, 1909) (Digest)
G.R. No. L-4881
JOSE LIM, plaintiff-appellee, vs. DOMINGO LIM, defendant-appellant.
July 24, 1909
FACTS:
Plaintiff Jose Lim filed a complaint against defendant Domingo Lim in the Justice of the Peace (JP) Court of Iloilo for the recovery of P530. The JP court ruled in favor of Jose Lim, ordering Domingo Lim to pay the amount. Domingo Lim appealed the judgment to the Court of First Instance (CFI), furnishing the necessary bond.
Subsequently, the CFI remanded the case back to the JP court for the execution of the judgment, stating that the required “registration fees” for the CFI had not been paid. Domingo Lim, the appellant, filed a motion praying the CFI to vacate its remand order, arguing that the case should be tried de novo in the CFI. The CFI denied Domingo Lim’s motion. Domingo Lim then appealed this denial to the Supreme Court.
The case predates Act No. 1627, Section 16 (effective July 1, 1907), which later amended Section 76 of the Code of Civil Procedure to clarify the obligation to pay such fees.
ISSUE:
1. Who is obligated to pay the registration fees in the Court of First Instance when a case is appealed from the Justice of the Peace court, particularly before the enactment of Act No. 1627?
2. What is the effect of a perfected appeal on the judgment of the Justice of the Peace court, and can such a judgment be executed while the appeal is pending?
RULING:
The Supreme Court ruled that under Section 75 of the Code of Civil Procedure (which was in effect at the time and before Act No. 1627), a perfected appeal from a Justice of the Peace court vacates the judgment of that court. The action, when duly entered in the Court of First Instance, stands for trial de novo upon its merits, as though it had never been tried and had been originally commenced in the CFI.
Consequently, since the action is treated as “originally commenced” in the Court of First Instance, the plaintiff (Jose Lim), regardless of whether he is the appellant, is the party bound to pay the registration fees to the clerk of court. At that time, none of the sections of the Code of Civil Procedure imposed this obligation on the appellant as such.
Therefore, Domingo Lim’s appeal having been perfected, the JP court’s judgment was vacated by operation of law, meaning there was no final judgment subject to execution. The CFI erred in remanding the case to the JP court for execution.
The Supreme Court set aside the CFI’s order remanding the case for execution and the subsequent order denying Domingo Lim’s motion. The CFI was directed to proceed with the case in accordance with the law, implying a trial de novo.