Separate Opinion
TRACEY, J., dissenting:
Since the writing of the two principal opinion in this case, and since the signing of the prevailing opinion by a majority of the court, but before it was filed or the decision was entered thereon, the Philippine Commission in Act No. 1596 apparently did away with the rule in the De la Rama case and made it our duty to review the evidence and retry the questions of facts, even where the judgment of the Court of First Instance is not plainly and manifestly against the weight of the evidence.
Read anew, without regard to the findings of the trial judge, except in so far as they are founded upon...
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