G.R. No. 1353. March 22, 1904

On June 3, 1902, Señor Alfredo Chicote, as attorney for Doña Ana
Maria Alcantara, filed a complaint against Don Miguel Montenegro
alleging that the plaintiff was the owner of a house and lot situated
in Calle Soledad, in the district of Tondo, which said lot is bounded
on the right by the lot belonging to the defendant, on the left by an
unnamed street, at the back by lots belonging to Don Hermogenes Fabian,
Don Gavino Juanengco, and Don Clemente del Rosario; that the area of
the said lot was 979.64 square meters; that it was in the form of a
trapezoid and on the back part of the lot there was a projecting piece
measuring 6.65 square meters on the right, and 6.45 square meters on
the left; that the defendant, on or about the middle of December, 1901,
exceeding the limits of his own land, willfully and intentionally took
possession of part of the land of the plaintiff to the extent of 2.20
square meters, upon which he constructed part of the building erected
on his lot adjacent to that of the plaintiff, and to her damage.

Upon these facts the plaintiff prayed for judgment against the
defendant, declaring the 2.20 square meters of land referred to be her
property; that the plaintiff be restored to her rights and that she
recover of the defendant the sum of $100 as damages for the wrongful
possession by the defendant of the said land from the month of
December, 1901, for the costs of suit, and such further relief as might
be just and equitable.

In his answer the defendant admitted the first part of the
complaint, but alleged that he was unaware of the extent of the
plaintiff’s lot. He denied the statements in paragraph 2, and set up in
defense that although it was true that he had constructed a building
upon a lot belonging to him adjacent to that of the plaintiff he had
not gone beyond the limits of the said lot, and had not taken
possession of any part of tire plaintiff’s lot; the defendant prayed
for judgment that the plaintiff take nothing by her action.

The judge, upon these pleadings and in view of the documentary and
oral evidence introduced by both parties, rendered judgment January 31,
1903, for the defendant, Montenegro, with the costs against the
plaintiff.

In its decision the court held that the burden of proof being upon
the plaintiff to establish the facts alleged by her, the evidence
introduced in support of the complaint was insufficient to show that
she was the lawful owner of the 2.20 square meters of land occupied by
the house of the defendant claimed by her, and therefore directed that
she
take nothing by her action.

As no motion for a new trial was made by the appellant upon the
grounds mentioned in the second part of paragraph 3 of section 145 and
in paragraph 3 of section 497 of the Code of Civil Procedure, this
court can not review the evidence taken in the court below, as in such a
case the jurisdiction of the court is limited to determining questions
of law raised by the appellant in the assignment of errors alleged to
have been committed by the court below in the judgment appealed.

In this case the Supreme Court acts as a court of cassation and can
not redecide the questions of fact. The plaintiff did not make a motion
for a new trial, but simply excepted to the decision of the trial
court, as appears from page 26 of the bill of exceptions. The court, in
deciding questions of law raised by the bill of exceptions in the brief
of the appellant, is by the law bound to abide by the findings of the
court below upon the evidence introduced by the parties.

The judge below having determined upon the evidence that the
ownership of the plaintiff to the 2.20 square meters claimed by her was
not proven, for the reasons above stated, the judgment of the court
below must be affirmed, with the costs against the appellant.

Judgment will be entered accordingly twenty days from the date of
the filing of this decision, and the case will be remanded to the court
below. So ordered.

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