PIERRE L. SALAS, PLAINTIFF AND APPELLANT VS. CIBIO H. SANTIAGO, ET AL., DEFENDANTS AND APPELLANTS.

Plaintiff filed on July 15, 1954 before the Court of First Instance
of Pampanga a complaint alleging that he was the author of a fiction
story entitled “Ifugao” which he serialized in the “Hiwaga Komiks” and
in the radio and later adapted into a motion picture as a story
authored by Cirio II. Santiago against plaintiff’s consent, which
picture had been shown in Manila and in the provinces, and praying that
defendants be ordered, to pay him the sum of P100,000.00, with interest
thereon, plus P5,000.00 as attorney’s fees.

Defendants filed their respective answers. . Premiere Productions,
Inc. denied any participation in the production of the “Ifugao” picture
except in lending its equipment arid set up a counterclaim of
12,000.00 as attorney’s fees. Defendant Cornelio Hermoso claimed that
when he produced the story “Ifugao” he knew all the.time that it
belonged to his co-defendant Cirio H. Santiago and as a counterclaim he
asked for P2,000.00 as attorney’s fees. Defendant. Cirio H. Santiago,
assisted by his guardian ad Stem, claimed that he was the author of the
story “Ifugao” and set up a counterclaim of 110,000.00′ as moral
damages and F2,000;00 as attorney’s fees. Ciriaco A. Santiago, having
died during the pendency of the case, his widow was substituted in his
place as guardian of minor Cirio H. Santiago.

After trial, the court rendered judgment declaring plaintiff to be
the author of the picture “Ifugao” and condemned the defendants to pay
jointly: and severally to plaintiff the sum of Pl.500.00 as
compensatory damages, in addition to the sum of P5,000.00 as moral and
exemplary damages, plus legal interest thereon, and the sum of
Pl,000.00 as attorney’s fees. The latter amount was later increased to
P3,000.00.

Both plaintiff and defendants appealed’ from the decision,
defendants to the Court of Appeals and plaintiff to the Supreme Court.
The lower court, however, ordered that both appeals, together with all
the evidence presented, oral as well as documentary, be forwarded to
this Court.

Considering that the amounts claimed by both appellants, either
individually or collectively, do not reach the amount of r”200,000.00
that would place these appeals under the jurisdiction of this Court,
aside from the fact that in their assignments of, error both parties
raise questions of law and of fact, the Court resolved to certify, as
we do, this case to the Court of Appeals for jurisdiction.

Bengzon, C. J., Padilla, Labrador, Reyes, J.B.L., Barrera, Paredes, Dizon, Regain and Makalinntal, JJ., concur.