1. PLEADING AND PRACTICE; ADMISSIBILITY OF SUPPLEMENTAL ANSWER FILED AFTER RENDITION OF DECISION; MOTION FOR NEW TRIAL; AFFIDAVITS OF MERIT. — The only remaining question raised on appeal is the admissibility of the supplemental answer filed by the appellant after the case was decided by the court of first instance, in conjunction with his motion for a new trial, wherein it is alleged that an easement has been established in favor of the appellant on that portion of land admittedly pertaining to the appellee. This is purely a question of law which we can, and hereby, decide now against the appellant, because the new allegation was not supported by affidavits of merit as required by section 2 of Rule of Court No. 37, and, not being in fact new matter, should have been set up in the answer and proved at the trial.

RESOLUTION ON MOTION FOR RECONSIDERATION.

On October 27, 1942, the Court of First Instance of Bulacan rendered a decision the dispositive part of which reads as follows:jgc:chanrobles.com.ph

"Por todo lo expuesto, el juzgado falla el asunto condenando al demandado a restituir inmediatamente a la demandante la porcion de terreno descrita en el segundo parrafo de la demanda y delimitada con lapiz rojo en el croquis, Exhibit A, a pagar a la demandante la suma de P300 como gastos calculados para el terraplen del terreno en cuestion y mas la suma de P10 anuales desde el 1