G.R. No. L-5805 October 7, 1954
POTENCIANA LACSON SAMONTE and SOL. L. SAMONTE, in substitution of the deceased FELINO SAMONTE, plaintiffs-appellants, vs. FRANCISCO SAMONTE, defendant and appellee.

FACTS

The plaintiffs-appellants appealed directly to the Supreme Court from the decision of the trial court. In their appeal, they raised several questions of fact, as evidenced by their assignment of errors, which contested the trial court’s findings regarding ownership of a concession, agency, investment, operation, and interest in equipment. The appellants’ attorney, in the prayer for approval of the Record on Appeal, explicitly stated that the appeal raised both issues of fact and of law and included the entire evidence by reference.

ISSUE

Whether the Supreme Court should take cognizance of the appeal which involves questions both of law and fact.

RULING

No. Pursuant to Sections 17 and 29 of the Judiciary Act of 1948, and following precedents in similar cases where questions of fact were raised, the Supreme Court ordered that the case be sent to the Court of Appeals for reconsideration and decision. The Supreme Court found that the appeal involved questions both of law and fact.