G.R. No. L-13239. March 24, 1961
STEWART E. TAIT, B. H. BERKENKOTTER, W. ICK AND ROSE L. HARRIES, PLAINTIFFS AND APPELLEES, VS. PLACIDO L. MAPA, J. AMADO ARANETA, MA-AO SUGAR CENTRAL CO., AND FINANCING CORPORAT…
CONCEPCION, J.:
“Wherefore,
judgment is hereby rendered against the defendants Placido L. Mapa, J.
Amado Araneta, Ma-ao Sugar Central Go., Inc. and Financing Corporation
of the Philippines, sentencing them jointly and severally to pay the
plaintiff the following amounts:
(a) S. E. Tait P121,783.94Stephen P. Brankov and Lina Wasserman in substitution of Rose L. Harris 118,786.43Bernard E. Berkenkotter (executor of the estate of B. H. Berkenkotter) W. Ick 43,837.08with interest thereon at the rate of six (6%) per cent per annum from
October 13, 1953, when this suit was filed, until full payment; and(b) Costs of suit.”
This appeal is, however, within the exclusive jurisdiction of the Court
of Appeals, for: (1) Although the aggregate amount of the foregoing
judgment is P284,407.45, this sum includes interests accrued before
October 13, 1953, deducting which the total principal awarded would be
P150,441.65 only; (2) the appeal raises questions of fact and no
question of law which is within the exclusive appellate jurisdiction of
this Court; and (3) this case involves three (3) separate causes of
actions; one in favor of S. E. Tait, for P64,467.66; another in favor
of Rose L. Harris, for P62,910.66; and the third, in favor of H. B.
Berkenkotter, jointly with W. Ick, for P23,063.33, all exclusive of
interest (Republic Act No. 296, section 17, as amended by Republic Act
No. 2613, and 29; Go Bon Chiat vs. Valmarida, L-4605, April 24, 1953; Samson vs. Andal, 89 Phil., 627; A. Soriano y Cia vs. Jose, 47 Off. Gaz. [12 Supp.] 145; International Colleges, Inc. vs. Argonza, 90 Phil., 470; Abrasaldo vs. Compañia Maritima, G. R. No. L-11918, July 31, 1958; E.C. Pangilinan & Co., Inc. vs. J. Pasicolan, 107 Phil., 645; Cajilig et al. vs. Co, 109 Phil., 98.
Wherefore, the record of this case should be, as it is hereby remanded
to the Court of Appeals for disposition, in accordance with law. It is
so ordered.
Bengzon, Acting C. J., Padilla, Bautista Angelo, Labrador, Reyes, J. B. L., Barrera, Paredes, and Dizon, JJ., concur.