EN BANC
[G.R. No. 8942. December 19, 1914. ]
TEOFILO R. TORRALBA, ROBERTO VILLELA and JOSEFA BILLONES, Petitioners-Appellants, v. TOMAS DEJAN, AMBROSIA DEJAN, MAGDALENA DEJAN and MARTINIANO SILARIA, objectors-appellees.
Juan Singson, for Appellants.
Vicente Urgello, for Appellees.
SYLLABUS
1. WILLS, PROBATE OF; WRITTEN FINDING OF FACTS. — Held: That in proceedings for the legalization or probation of a will, the court, in deciding such cases, involving questions of fact, must make a written finding of facts upon which he based his conclusions.
D E C I S I O N
JOHNSON, J.:
This was a proceeding for the legalization of the will of Hilaria Dejan. The petition for legalization was presented on the 29th of October 1912. The legalization was opposed by the defendants and appellees.
After hearing the respective parties, the lower court found that said pretended will was not authentic and denied the petition for the legalization of the same. From that decision the petitioners appealed to this court and made several assignments of error. The first assignment of error is that the lower court committed an error in not making a finding of facts upon which his conclusions were based, in accordance with section 133, and others, of the Code of Procedure in Civil Actions.
We have held in numerous cases that the lower court, in deciding cases involving the determination of issues of fact, must make a written finding of facts upon which he based his conclusions. (Braga v. Millora, 3 Phil. Rep., 458; Enriquez v. Enriquez, 3 Phil. Rep., 746; Early v. Sy-Giang, 4 Phil. Rep., 727; City of Manila v. Insular Government, 9 Phil. Rep., 71; Gavieres v. Admr. of Peha, 13 Phil. Rep., 449; Aringo v. Arena, 14 Phil. Rep., 263; Alindogan v. Insular Government, 15 Phil. Rep., 168; Montelibano v. Director of Lands, 21 Phil. Rep., 449; Galves v. Causing Et. Al., R. G. No. 9262, not reported.)
For the reason that the lower court failed to comply with section 133 of Act No. 190, in making a finding of facts upon which he based his conclusions, it is hereby ordered and decreed that the record be remanded to the lower court, with direction that the judge thereof make a finding of facts based upon the proof already presented, and return such finding to this court, together with the record, within a period of thirty days from the receipt of this order. And without any finding as to costs, it is so ordered.
Arellano, C.J., Torres, Carson, Moreland and Araullo, JJ., concur.
Trent, J., dissents.
After hearing the respective parties, the lower court found that said pretended will was not authentic and denied the petition for the legalization of the same. From that decision the petitioners appealed to this court and made several assignments of error. The first assignment of error is that the lower court committed an error in not making a finding of facts upon which his conclusions were based, in accordance with section 133, and others, of the Code of Procedure in Civil Actions.
We have held in numerous cases that the lower court, in deciding cases involving the determination of issues of fact, must make a written finding of facts upon which he based his conclusions. (Braga v. Millora, 3 Phil. Rep., 458; Enriquez v. Enriquez, 3 Phil. Rep., 746; Early v. Sy-Giang, 4 Phil. Rep., 727; City of Manila v. Insular Government, 9 Phil. Rep., 71; Gavieres v. Admr. of Peha, 13 Phil. Rep., 449; Aringo v. Arena, 14 Phil. Rep., 263; Alindogan v. Insular Government, 15 Phil. Rep., 168; Montelibano v. Director of Lands, 21 Phil. Rep., 449; Galves v. Causing Et. Al., R. G. No. 9262, not reported.)
For the reason that the lower court failed to comply with section 133 of Act No. 190, in making a finding of facts upon which he based his conclusions, it is hereby ordered and decreed that the record be remanded to the lower court, with direction that the judge thereof make a finding of facts based upon the proof already presented, and return such finding to this court, together with the record, within a period of thirty days from the receipt of this order. And without any finding as to costs, it is so ordered.
Arellano, C.J., Torres, Carson, Moreland and Araullo, JJ., concur.
Trent, J., dissents.
