G.R. No. L-6634. December 22, 1954

This is an appeal from the judgment of the Court of First Instance
of Samar in a special action of injunction, which was brought to
prevent the respondents from continuing the construction of a building
on a certain parcel of land claimed to be a prolongation of a public
street in the municipality of Laoang, province of Samar, which
(disputed) land borders that belonging to the petitioners. The court
rendered its decision upon concurrent motions of the parties for
summary judgment. The motions were accompanied by affidavits and
documents. According to the petitioners, the land on which the building
was erected is a prolongation of a public street; while according to
the respondents, it is not a prolongation of a public street but is a
patrimonial property of the municipality.

The court held that the land is a prolongation of a public street
and granted the injunction. Thereupon, respondents filed a Record on
Appeal, asking that the case be remanded to the Court of Appeals. For
undisclosed reasons, however, the court a quo remanded the case to this Court.

The question submitted to the court a quo is a question of
fact, and the mere fact that it was decided on the Strength of the
affidavits and other papers submitted without the formality of a trial
did not convert the issue into one purely of law. The issue of fact
passed upon by the trial court is the same issue of fact now presented
by the appellants as may be seen in the following assignment of error:
“The court erred in concluding as clearly established that the lot in
question is a prolongation of San Isidro street and by considering and
giving weight to the opposition of the Municipality of Laoang, Samar,
to registration No. 236- G.L.R.O. No. 42329 (Annex ‘D’ of the
Petitioners) as a basis in its decision to declare the respondent in
estoppel.”

It does not appear that the value of the property involved in the
case is more than P50,000.00; indeed, if it is merely the prolongation
of a street, it must be of insignificant size. The picture of the
structure being built shows that it is merely of wood and could not if
each the jurisdictional value of this Court. There is no evidence or
paper to show the actual value of the property, and we believe it can
not be more than P50,000.00.

Considering that we have no jurisdiction over the subject-matter of
the appeal, the case is hereby forwarded to the Court of Appeals for
decision in accordance with the provisions of existing law.

Paras, C.J., Pablo, Bengzon, Padilla, Montemayor, Reyes, Jugo, Bautista Angelo, Concepcion, and Reyes, JJ., concur