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EN BANC

G.R. No. L-15993 June 28, 1963

TEODORO VA�O, petitioner-administrator-appellant, vs. MARCELO S. FLORES, claimant-appellee.

Pedro R. Luspo for petitioner-administrator-appellant.
Emilio Lumontad for claimant-appellee.

R E S O L U T I O N

BAUTISTA ANGELO, J.:chanrobles virtual law library

On January 16, 1952, Marcelo S. Flores filed in Special Proceedings No. 5619-R, entitled In the Matter of the Last Will and Testament of Jose Va�o, deceased, pending before the Court of First Instance of Cebu, a claim for compensation for services rendered as follows: the amount of P58,055.00 representing 50% of the proceeds of the sale of certain subdivision lots after deducting P20,000.00 as payment to the Cebu Mutual Building and Loan Association, and P80,890.00 as payment under the terms of the contract Annex A.chanroblesvirtualawlibrarychanrobles virtual law library

The claim was opposed by the administrator of the estate, but after hearing, the trial court declared the contract valid and ordered the administrator to pay claimant one-half of all the proceeds of the sales of the subdivision lots amounting to P207,536.00, after deducting the following: P100,890.00 payable to the Cebu Mutual Building and Loan Association and to the estate of Jose Va�o, P4,500.00 paid to intermediaries, and all the expenses for subdivision, construction of improvements, issuance of titles to purchasers, and legal fees.chanroblesvirtualawlibrarychanrobles virtual law library

The appeal was taken directly to this Court probably because of the amount involved at the time the appeal was perfected on February 4, 1959.chanroblesvirtualawlibrarychanrobles virtual law library

However, because of the amendment of the law on August 1, 1959, and considering that the amount involved in the appeal is less than P200,000.00, and the issues raised in the assignments of error involve both questions of fact and of law, the Court resolved to certify this, case to the Court of Appeals.

Padilla, Labrador, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala and Makalintal, JJ., concur.
Bengzon, C.J., took no part.