Home of ChanRobles Virtual Law Library

 

Home of Chan Robles Virtual Law Library

www.chanrobles.com

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-2554. January 22, 1908. ]

ANTONIO MINA, Plaintiff-Appellant, v. VICTORINO LUSTINA, Defendant-Appellee.

Maximino Mina, for Appellant.

Jose del Valle, for Appellee.

SYLLABUS


1. FINDINGS OF FACT; SUFFICIENCY OF PROOF; JUDGMENT. — A finding of fact to the effect that the allegations of the complaint are not proven is sufficient to support a general judgment for the defendant.


D E C I S I O N


WILLARD, J.:


The plaintiff and appellant moved for a new trial in the court below on the ground of the insufficiency of the evidence, but he took no exception to the order denying such motion. We can not, therefore, review the evidence.

The court found as a fact that the allegation of the complaint were not proven. This is a sufficient finding to support a judgment acquitting the defendant of the complaint. No facts are stated in the decision which in any way indicate that the plaintiff is the owner of the land in question, or, has any interest therein.

The answer contains a general denial and an admission that the defendant is in possession of a part of the land described in the complaint. There is nothing in the answer which in any way admits that the plaintiff is the owner of the land or has any interest therein.

The judgment of the court below is affirmed, with the costs of this instance against the Appellant. So ordered.

Arellano, C.J., Torres, Mapa, Johnson, Carson, and Tracey, JJ., concur.

HomeJurisprudenceSupreme Court Decisions1960 : Philippine Supreme Court DecisionsSeptember 1960 : Philippine Supreme Court DecisionsTop of Page