GR L 8942; (December, 1914) (Digest)
G.R. No. L-8942
December 19, 1914
TEOFILO R. TORRALBA, ROBERTO VILLELA and JOSEFA BILLONES, petitioners-appellants, vs. TOMAS DEJAN, AMBROSIA DEJAN, MAGDALENA DEJAN and MARTINIANO SILARIA, objectors-appellees.
FACTS:
Petitioners-appellants filed a proceeding for the legalization (probate) of the will of Hiralria Dejan on October 29, 1912. The appellees opposed the probate. After hearing the parties, the lower court denied the petition, finding that the purported will was not authentic. The petitioners appealed, assigning several errors. The first assignment of error specifically contended that the lower court failed to make a written finding of facts upon which its conclusions were based, as required by Section 133 of the Code of Procedure in Civil Actions (Act No. 190).
ISSUE:
Whether the lower court committed reversible error by not rendering a written finding of facts in its decision, in accordance with Section 133 of Act No. 190.
RULING:
Yes. The Supreme Court, citing numerous precedents, held that under Section 133 of Act No. 190, the lower court, in deciding cases involving issues of fact, is mandated to make a written finding of facts supporting its conclusions. The failure to do so constitutes reversible error. Consequently, the Court remanded the case to the lower court with instructions to prepare and submit a finding of facts based on the evidence already presented, and to return the same, together with the record, to the Supreme Court within thirty days. No costs were awarded.
Arellano, C.J., Torres, Carson, Moreland and Araullo, JJ., concur.
Trent, J., dissents.
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