G.R. No. L-850, December 23, 1902
LOS HIJOS DE I. DE LA RAMA, plaintiffs-appellants, vs. ERIBERTO MIJARES, defendant-appellee.

FACTS:
The plaintiffs, Los Hijos de I. de la Rama, filed a suit against the defendant, Eriberto Mijares, to collect on several promissory notes totaling $4,500, executed by the defendant payable to D. Esteban de la Rama. The suit was initiated on January 4, 1900, as an executive action. Due to objections, an ordinary complaint was filed on October 21, 1901. The proceedings from the filing of the complaint up to the trial were conducted under the new Code of Civil Procedure of 1901. However, after judgment was rendered, the trial judge applied the old procedural code in granting the appeal. Consequently, the case was brought before the Supreme Court via an appeal, not by bill of exceptions as required under the new Code, and the evidence was not transmitted with the original records.

ISSUE:
Whether the trial court committed reversible error in its application of procedural laws, warranting a remand of the case for a new trial.

RULING:
Yes. The Supreme Court reversed the judgment and remanded the case to the Court of First Instance for a new trial. The Court held that while the law allowed the use of the old procedure when the new Code was not conveniently applicable, and it presumed the trial judge acted within his discretion, the record was in a state of confusion that made it impossible to decide the case on its merits. Following its precedent in Bustillos vs. Garbanzos, the Court ruled that the error stemming from the judge’s application of the old procedure should not be charged against the appellant. The costs of the appeal were adjudged against the appellant.