Marcelino Reyes vs. Lorenza Alburo, et al.

Republic of the PhilippinesSUPREME COURT

EN BANC

G.R. No. 3278            January 29, 1907

MARCELINO REYES, plaintiff-appellee, LORENZA ALBURO, ET AL., defendants-appellants.

Hipolito Magsalin for appellants.

WILLARD, J.:

On the 12th of September, 1905, the plaintiff recovered judgment in the court of a justice of the peace against the defendants for the sum of 200 pesos. From this judgment the defendants duly appealed to the Court of First of Instance. On the 20th of February, 1906, the plaintiff, alleging that the defendants had not entered their appeal in the Court of First Instance, nor paid the fees of the clerk, made a motion that judgment be entered in accordance with the record of the justice of the peace. The court granted this motion, and an execution was issued and levied upon the property of the defendant for the sum of 205 pesos. From this order or judgment the defendants have appealed.

As we said in the case of Cornelios vs. Guaranty Trust Co.,¹de novo in the Court of First Instance. No judgment could be entered in that court based upon the proceedings in the court of the justice of the peace. The order of such judgment and all proceedings subsequent thereto are hereby reversed and set aside and the case is remanded to the court below for further proceedings in accordance with the law. No costs will be allowed to either party in this court. After the expiration of twenty days let judgment be entered in accordance herewith and ten days thereafter the cause remanded to the lower court for proper procedure. So ordered.

Arellano, C.J., Torres, Mapa, Johnson, Carson and Tracey, JJ., concur.

Footnotes

¹ Not reported.