Remedios L. Vda. de Lacsamana v. Domingo M. Cabangon, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-19473           November 28, 1964

REMEDIOS L. VDA. DE LACSAMANA,petitioner,
vs.
HON. DOMINGO M. CABANGON, Court of Agrarian Relations, Third Regional District, and RUPERTO ARELLANO,respondents.

R E S O L U T I O N

BARRERA,J.:

From the decision of the Court of Agrarian Relations (in Case No. 478- T'58) directing her to reinstate therein petitioner tenant Ruperto Arellano to the landholding involved in the case, and to pay to the latter the share in the produce of the land which the tenant failed to receive due to his alleged illegal ejectment therefrom, the landowner Remedios L. Vda. de Lacsamana filed the present petition for review, claiming that the trial court erred, among others, in holding that petitioner tenant was illegally ejected from the landholding, although it was found that the conversion of the crop to be planted therein from palay to sugar cane, was justified; in granting damages to the tenant in spite of the finding of the court that the tenant objected to the conversion of the crop as desired by the landowner, and refused the offer of the latter, of another land to work on in the same locality; and in treating the case as one for ejectment instead of an exercise by the landowner of his managerial right under Section 25 of Republic Act 1199, as amended by Republic Act 2263.

From the foregoing assigned errors, it is evident that to resolve the issues raised herein, it would be necessary to review the evidence presented during the trial and pass upon the factual findings of the lower court. The matter, therefore, properly falls within the appellate jurisdiction of the Court of Appeals.¹

WHEREFORE, this case is hereby remanded to the Court of Appeals, for proper proceedings. So ordered.

Bautista Angelo, Concepcion, Reyes, J.B.L., Paredes, Makalintal, Bengzon J.P., and Zaldivar, JJ.,concur.

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