[ G.R. No. 573. April 21, 1903 ] 2 Phil. 151
[ G.R. No. 573. April 21, 1903 ]
LA JUNTA ADMINISTRADORA DE OBRAS PIAS, PLAINTIFF AND APPELLANT, VS. RICARDO REGIDOR AND THE HONGKONG AND SHANGHAI BANKING CORPORATION, BY SUBROGATION, DEFENDANTS AND APPELLEES. DECISION OF MOTION TO SUSPEND PROCEEDINGS
WILLARD, J.:
The motion of the appellee, made on the 2d of April, 1903, and argued on the 13th of April, must be denied.
The appellee asks that proceedings be suspended, because of the alleged admission by the criminal branch of the former Supreme Court of a complaint presented by him charging the falsification of the document dated April 30, 1898, executed by the judge and transferring, the houses in question to the Obras Pias.
When the complaint was presented the court made an order passing it to the fiscal. This was not an admission of the complaint within the meaning of article 497 of the old Code of Civil Procedure. At the request of the fiscal the criminal branch requested the civil branch that the instrument charged to be false be remitted to it. This was not an admission of the complaint within the meaning of said article 497.
We may add that, apart from the fact that as the appeal taken by Regidor against the order of February 9, 1895, was admitted in one effect, that is, not suspensively, it was no legal bar to the execution of the deed of sale, in consequence of the adjudication of the property to the board of directors of the Obras Pias on the 30th of April, 1898; neither could the appeal so taken and allowed in one effect from the order of February 9, 1895, and which was abandoned by the moving party himself before it was perfected, be considered as an obstacle having the effect of invalidating that deed.
Torres, Cooper, Mapa, Ladd, and McDonough, JJ., concur.
Arellano, C. J., disqualified.