Sandra K. Shaouy v. Philip E. Shaouy

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-14517             February 27, 1961

SANDRA K. SHAOUY,plaintiff-appellant,
vs.
PHILIP E. SHAOUY,defendant-appellant.

R E S O LU T I O N

CONCEPCION,J.:

In her complaint, plaintiff Sandra K. Shaouy prayed for judgment as follows:

In his answer, plaintiff's husband, defendant Philip E. Shaouy, in turn, set up a counterclaim for P50,000.00, as actual, moral and punitive damages, aside from P10,000.00, as attorney's fees. In due course, the Court of First Instance of Manila rendered a decision dismissing the complaint, as well as the counterclaim. Both parties appealed from said decision to the Court of Appeals, which certified them to this Court, inasmuch as the claim of each party exceeded P50,000.00, which was the maximum of the value of controversies in civil cases then appealable to the Court of Appeals. Subsequently, however, the appellate jurisdiction thereof was extended to cases in which the value in controversy does not exceed P200,000.00, and none of the parties herein claim more than this sum.

In her brief, plaintiff-appellant raises, among other issues, a question of fact, namely, that "the lower court erred in not finding and declaring that the act of defendant in obtaining a divorce from the Nevada Court is unjust and malicious as to entitle the herein plaintiff to moral and exemplary damages under the law and jurisprudence on the matter". Similarly, defendant-appellant contends, in his brief, that "the lower court erred in not holding that plaintiff's complaint was unfounded and malicious", thus raising another question of fact.

In view of the aggregate sum of money claimed by each party and the issues raised by both, this case is, therefore, within the exclusive appellate jurisdiction of the Court of Appeals. Pursuant to section 31 of Republic Act No. 296, as amended by Republic Act No. 2613, the record of this case should, therefore, be, as it is hereby remanded to the Court of Appeals for determination thereof in accordance with law. It is so ordered.

Padilla, Labrador, Reyes, J.B.L., Barrera, Paredes and Dizon, JJ.,concur.