Teodoro Vaño vs. Marcelo S. Flores

Republic of the PhilippinesSUPREME COURT

EN BANC

G.R. No. L-15993             June 28, 1963

TEODORO VAÑO, petitioner-administrator-appellant, MARCELO S. FLORES, claimant-appellee.

Pedro R. Luspo for petitioner-administrator-appellant.

R E S O L U T I O N

BAUTISTA ANGELO, J.:

On January 16, 1952, Marcelo S. Flores filed in Special Proceedings No. 5619-R, entitled In the Matter of the Last Will and Testament of Jose Vaño, deceased, pending before the Court of First Instance of Cebu, a claim for compensation for services rendered as follows: the amount of P58,055.00 representing 50% of the proceeds of the sale of certain subdivision lots after deducting P20,000.00 as payment to the Cebu Mutual Building and Loan Association, and P80,890.00 as payment under the terms of the contract Annex A.

The claim was opposed by the administrator of the estate, but after hearing, the trial court declared the contract valid and ordered the administrator to pay claimant one-half of all the proceeds of the sales of the subdivision lots amounting to P207,536.00, after deducting the following: P100,890.00 payable to the Cebu Mutual Building and Loan Association and to the estate of Jose Vaño, P4,500.00 paid to intermediaries, and all the expenses for subdivision, construction of improvements, issuance of titles to purchasers, and legal fees.1äwphï1.ñët

The appeal was taken directly to this Court probably because of the amount involved at the time the appeal was perfected on February 4, 1959.

However, because of the amendment of the law on August 1, 1959, and considering that the amount involved in the appeal is less than P200,000.00, and the issues raised in the assignments of error involve both questions of fact and of law, the Court resolved to certify this, case to the Court of Appeals.

Padilla, Labrador, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala and Makalintal, JJ., concur.