[ G. R. No. 34052, December 05, 1931 ]
ESTEBANGEDA, PLAINTIFF AND APPELLEE, VS. FELIPE ALEDIA, JULIAN A. MEDINA, AND ISIDRO MANGUBAT, DEFENDANTS AND APPELLANTS.
D E C I S I O N
MALCOLM, J.:
In 1917, a laborer by the name of Esteban Geda purchased a cow from Inocencio de Leon. In due time, as cows will, this particular cow gave birth to calves. This progeny has, perhaps unwittingly, now become the storm center of a political and personal
feud in Dasmariñas, Cavite, which has resulted in one of the animals being shot, in the municipal president of Dasmariñas being prosecuted and relieved from office, and in the present bitter litigation. The trial Judge observed, undoubtedly with good reason, that
this is a matter of amor propio, to which counsel for the appellee would add, likewise with apparently good reason, that it is a cuestion de partido, to all of which could be appended the footnote that a great deal of perjured testimony is extant in the
record.
After Bsteban Geda had had trouble with the municipal president of Dasmariñas, a number of animals were caught, and an announcement was made that they were with the municipal treasurer where the owner could claim them. Esteban Geda immediately laid claim to his animals, but shortly thereafter another person by the name of Felipe Aledia also claimed the animals as his. She municipal treasurer was inclined to side with Aledia, but the Philippine constabulary, after conducting an investigation, arrived at the conclusion that Ssteban Geda is justified in his claim for the ownership of the animals in question. On the matter being ventilated before the justice of the peace of the provincial capital, acting by delegation from the judge of first instance, the said justice of the peace declared the animals to belong to the plaintiff, ordered their return together with their calves to the plaintiff, cancelled the certificates of property issued in favor of Felipe Aledia, with direction to the municipal treasurer to issue other certificates in favor of Esteban Geda, with costs against Felipe Aledia and Isidro Mangubat, Julian A. Medina being absolved from the complaint as likewise the plaintiff from the cross-complaint.
The question in this case is exclusively one of fact. Considering its curious features, we can do no better than to adopt the findings of fact made by the trial court. We place reliance on the impartial investigation made by the constabulary and on the good faith evinced by Esteban Geda in endeavouring to reclaim animals which constituted the greater part of his little property.
Judgment affirmed, with the costs of this instance against the appellants.
Ten days from the publication of this decision, judgment will be entered, and five days thereafter, the record will toe remanded to the court below.
Avanceña, C. J., Street, Romualdez, and Imperial, JJ., concur.
After Bsteban Geda had had trouble with the municipal president of Dasmariñas, a number of animals were caught, and an announcement was made that they were with the municipal treasurer where the owner could claim them. Esteban Geda immediately laid claim to his animals, but shortly thereafter another person by the name of Felipe Aledia also claimed the animals as his. She municipal treasurer was inclined to side with Aledia, but the Philippine constabulary, after conducting an investigation, arrived at the conclusion that Ssteban Geda is justified in his claim for the ownership of the animals in question. On the matter being ventilated before the justice of the peace of the provincial capital, acting by delegation from the judge of first instance, the said justice of the peace declared the animals to belong to the plaintiff, ordered their return together with their calves to the plaintiff, cancelled the certificates of property issued in favor of Felipe Aledia, with direction to the municipal treasurer to issue other certificates in favor of Esteban Geda, with costs against Felipe Aledia and Isidro Mangubat, Julian A. Medina being absolved from the complaint as likewise the plaintiff from the cross-complaint.
The question in this case is exclusively one of fact. Considering its curious features, we can do no better than to adopt the findings of fact made by the trial court. We place reliance on the impartial investigation made by the constabulary and on the good faith evinced by Esteban Geda in endeavouring to reclaim animals which constituted the greater part of his little property.
Judgment affirmed, with the costs of this instance against the appellants.
Ten days from the publication of this decision, judgment will be entered, and five days thereafter, the record will toe remanded to the court below.
Avanceña, C. J., Street, Romualdez, and Imperial, JJ., concur.