NORTH CAMARINES LUMBER COMPANY, INC., PLAINTIFF AND APPELLANT, VS. METROPOLITAN INSURANCE COMPANY, DEFENDANT AND APPELLEE.

Plaintiff, a corporation, brought this action before the Court of
First Instance of Manila against defendant to recover certain sum of
money in the form of insurance proceeds for the loss of a vessel and
its cargo and for certain repairs done on another vessel.

For the loss of the vessel and cargo, plaintiff prays for judgment
in the aggregate amount of P135,000.00, with interest thereon, plus 15%
attorney’s fees; and for repairs, the sum of P35,520.37, with interest
thereon, plus 22% of premiums paid, and 15% attorney’s fees.

Defendant set up a counterclaim of P24,578.00 as attorney’s fees
alleging malice in the filing of the complaint on the part of plaintiff.

In the decision rendered on June 11, 1959, the court a quo,
though it dismissed the first cause of action, it however rendered
defendant to return to plaintiff as premium the amount of P2,500.00 and
with regard to the second cause of action, it ordered defendant to pay
to plaintiff the sum of P31,301.01. Nothing was said about the
counterclaim of defendant.

Both parties have appealed assigning to their briefs questions of fact and of law.

In this instance, plaintiff-appellant prays on its first cause of
action that defendant-appellant be ordered to pay the sum of
P135,000.00, plus 12% interest and damages pursuant to Republic Act No.
487; and on its second cause of action, that defendant-appellant, be
ordered to pay the amount of attorney’s fees and other expenses prayed
for in the complaint. Defendant-appellant in turn prays that the
portion of the decision relative to the second cause of action
sentencing defendant-appellant to pay the amount of P30,561.01
representing costs of repairs and the sum of P440.00 for the lay days
,be reversed, dismissing plaintiff’s second cause of action with costs.

It appearing that the amounts claimed by both plaintiff and
defendant separately do not reach the amount of P200,000.00, and
considering that the amounts claimed by both parties should not be
considered jointly in the determination of the corresponding appellate
jurisdiction, the Court resolved that this case comes under the
jurisdiction of the Court of Appeals.

Wherefore, it is hereby ordered that this case be certified to the Court of Appeals.

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