G.R. No. 13300. April 30, 1960
SANTIAGO SAMBRANO, ET AL., PLAINTIFFS AND APPELLANTS, VS. REHABILITATION FINANCE CORPORATION, DEFENDANT AND APPELLEE, JOSE M. TORRES, DEFENDANT AND APPELLANT.
Decisions / Signed Resolutions April 30, 1960 BAUTISTA ANGELO, J.:
BAUTISTA ANGELO, J.:
Appeal from the decision of the Court of First Instance of Cagayan
dismissing the complaint but ordering plaintiff Santiago Sambrano to
pay the Rehabilitation Finance Corporation, by way of accrued rentals of
the Aparri Electric Plant, the sum of P5,827.88, with legal interest
thereon from the date the decision becomes final. Both plaintiffs and
defendant Jose M. Torres have appealed directly to this Court
apparently because the amount involved is more than P50,000.00.
Considering that the sum claimed to P155,000.00, whereas defendant
Rehabilitation Finance Corporation, by way of counterclaim, claims only
the aggregate sum of P70,000.00, as damages and attorney’s fees only
amounts, while defendant Torres, in his answer, claims the aggregate
amount of P36,000.00 as damages and attorney’s fees, which respective
claims can only be considered in the alternative form for purposed of
determining the jurisdiction of the court, and considering further that
in some of the errors assigned some questions of fact are involved, it
is evident that this case comes within the jurisdiction of the Court of
Appeals in line with the provisions of Section 2 of Republic Act 2613.
dismissing the complaint but ordering plaintiff Santiago Sambrano to
pay the Rehabilitation Finance Corporation, by way of accrued rentals of
the Aparri Electric Plant, the sum of P5,827.88, with legal interest
thereon from the date the decision becomes final. Both plaintiffs and
defendant Jose M. Torres have appealed directly to this Court
apparently because the amount involved is more than P50,000.00.
Considering that the sum claimed to P155,000.00, whereas defendant
Rehabilitation Finance Corporation, by way of counterclaim, claims only
the aggregate sum of P70,000.00, as damages and attorney’s fees only
amounts, while defendant Torres, in his answer, claims the aggregate
amount of P36,000.00 as damages and attorney’s fees, which respective
claims can only be considered in the alternative form for purposed of
determining the jurisdiction of the court, and considering further that
in some of the errors assigned some questions of fact are involved, it
is evident that this case comes within the jurisdiction of the Court of
Appeals in line with the provisions of Section 2 of Republic Act 2613.
The case is ordered certified to the Court of Appeals for
adjudication in accordance with law.