G.R. No. 1408. January 25, 1904

All the questions raised by the appellant in his brief concern to
weight given by the judge below to the evidence introduced by, the
parties at the trial. Even the citation of article 1280 of the Civil
Code in the assignment of errors attached to the brief is made not
for the purpose of discussing the validity or legal effect of the
contract of loan upon which the action is based—and consequently
this aspect of the case can not be dealt with in our decision— but
for the sole and exclusive purpose of showing the insufficiency of
the evidence to support a finding that such a loan was ever made.

In summing up his contentions the appellant says: “As the
evidence1 is not of sufficient weight to prove the fact upon which
the evidence was offered, the conclusion of the court below that the
evidence shows that the defendant is liable for an amount for which
judgment was rendered against him is without legal foundation.”

No motion having been made for a new trial in the court below and
the case not falling within any of the other exceptions expressly
established in section 497 of the Code of Civil Procedure, it is
useless to raise questions such as those presented by the appellant,
for the law does not give us authority to review the evidence, and
the findings of the court below are therefore final and irrevocable,
even though they may have been erroneous or unjust.

The jurisdiction of this court in civil cases submitted to it for
its decision by a bill of exceptions is, as a general rule, limited
to deciding questions of law arising from the facts found by the
court below and which are expressly presented by the bill of
exceptions, it being assumed, for the purpose of the discussion, that
the facts are as found. It is only as an exception, and this solely
in the cases above mentioned, that the evidence can be reviewed by
the appellate court. With the exception of these cases it is the
exclusive province of the court below to weigh the evidence and make
findings as to the facts established thereby. His judgment in this
respect is absolute and final.

The court below in its decision finds as a fact that the plaintiff
delivered 1,500 pesos to the defendant as a loan, and that the
evidence shows that the defendant still owes the plaintiff the sum of
1,125 pesos demanded in the complaint.

Taking these facts for granted, the obligation of the defendant to
pay the said sum to the plaintiff is self evident. (Civil Code, art.
1753.) The decision of the court below by which the judgment is
ordered against the defendant for that amount is therefore without
error.

For the reasons stated, the judgment appealed from is affirmed
with the costs of this instance against the appellant. Judgment will
be entered accordingly twenty days after the date of the filing of
this decision and the case remanded to the trial court. So ordered.

Arellano, C. J., Torres, Cooper, Willard, McDonough, and
Johnson, JJ., concur.