[ G.R. No. 8813. February 23, 1915 ] 29 Phil. 575
[ G.R. No. 8813. February 23, 1915 ]
SIMON UNGSON, PLAINTIFF AND APPELLANT, VS. MACARIO BASCO AND TRINIDAD ZANDUETA, DEFENDANTS. TRINIDAD ZANDUETA, APPELLEE. D E C I S I O N
JOHNSON, J.:
This was an action brought in the Court of First Instance of the Province of La Union to recover the possession of a parcel of land containing approximately 5 hectares, which is more particularly described in the second paragraph of the complaint. To the petition of the plaintiff the defendants filed a general denial. After hearing the evidence, the Honorable W. E. MacMahon, judge, rendered a decision in which he stated that a preponderance of the proof did not support the plaintiffs claim. The decision of the lower court fails to state any facts whatever upon which his conclusion was based. From the decision of the lower court the plaintiff 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 statement of facts upon which he based his conclusions. The appellant cites section 133 of the Code of Procedure in Civil Actions and many decisions of this court heretofore rendered, in support of his first as signment of error. This court has, in many decisions, held that the judges of the Courts of First Instance, by virtue of the provisions of said section 133, are required to make a finding of facts, upon which they base their conclusions. These decisions have been announced and published, not only in the Official Gazette, but in the published reports of the court. Some of them are as follows: Brag a vs. Millora (3 Phil. Rep., 458) ; Enriquez vs. Enriquez (3 Phil. Rep., 746); Early vs. SyGiang (4 Phil. Rep., 727) ; City of Manila vs. Insular Government (9 Phil. Rep., 71); Gavieres vs. Administrators of Pena (13 Phil. Rep., 449) ; Aringo vs. Arena (14 Phil. Rep., 263) ; Alindogan vs. Insular Government (15 Phil. Rep., 168) ; Montelibano vs. Director of Lands (21 Phil. Rep., 449); United States vs. Mariano (27 Phil Rep., 132). For the reason that the lower court failed to make a finding of facts upon which he based his conclusions, in accordance with section 133 of Act No. 190, 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., Moreland and Araullo, JJ., concur.