Amendment to Sec. 776 of Act No. 190 (Code of Civil Procedure)
Act No. 4229, approved on August 12, 1935, amends Section 776 of the Civil Procedure Code regarding the appeal process related to estate appraisals and claims. It mandates that upon filing an appeal from a committee's report on estate claims, the appellant must notify the adverse party. The claimant is required to submit their claim as a complaint within thirty days, allowing the disputed claim to be tried in the Court of First Instance without needing a special action. This process simplifies the litigation of estate claims, treating the creditor as the plaintiff and the estate as the defendant. The Act takes effect upon its approval.
Law Information
- Reference Number
- Act No. 4229
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
August 12, 1935
ACT NO. 4229
AN ACT TO AMEND SECTION SEVEN HUNDRED AND SEVENTY-SIX OF ACT NUMBERED ONE HUNDRED AND NINETY, COMMONLY KNOWN AS CODE OF CIVIL PROCEDURE
SECTION 1. Section seven hundred and seventy-six of Act Numbered One hundred and ninety is hereby amended to read as follows:
"SEC. 776. Proceedings in Court of First Instance on such appeal. — Upon the lodging of the appeal from the report of the committee appointed to appraise the estate and allow claims against it, the appellant shall forthwith give notice thereof to the adverse party, and within thirty days from the date of such notice or within such time as the court may see fit to grant, the claimant shall reproduce his claim in form of a complaint and the disputed claim shall stand for trial in the same manner as any other action in the Court of First Instance, in the same probate or intestate proceedings, without necessity of bringing a special action, the creditor being deemed to be the plaintiff, and the estate the defendant, and pleadings as in other actions shall be filed."
SECTION 2. This Act shall take effect on its approval.
Approved, August 12, 1935.
Cite This Law
Amendment to Sec. 776 of Act No. 190 (Code of Civil Procedure), Act No. 4229, Aug 12, 1935 (Philippines)
Amendment to Sec. 776 of Act No. 190 (Code of Civil Procedure), Act No. 4229 (Phil. 1935)
Related Laws
- Amendment to Sec. 32 of Act No. 190 (Code of Civil Procedure)Act No. 3794 • Dec 2, 1930 • Statutes
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- Amendment to Sec. 788 of Act No. 190 (Code of Civil Procedure)Act No. 3395 • Dec 5, 1927 • Statutes
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- Amendment to Sec. 735 of the Code of Civil ProcedureAct No. 3960 • Dec 2, 1932 • Statutes
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