An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case
Act No. 2111, enacted on January 31, 1912, amends Section 78 of the Philippine Code of Procedure in Civil Actions and Special Proceedings. It stipulates that when a case is appealed from a Justice of the Peace Court to the Court of First Instance, the Justice must transmit relevant case documents within five days. The plaintiff is required to file the complaint within two months if residing in the province, or four months if outside it. Failure to meet these deadlines will result in the dismissal of the case or appeal, thereby reviving the judgment of the lower court.
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- What is An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case about?
- Act No. 2111, enacted on January 31, 1912, amends Section 78 of the Philippine Code of Procedure in Civil Actions and Special Proceedings. It stipulates that when a case is appealed from a Justice of the Peace Court to the Court of First Instance, the Justice must transmit relevant case documents within five days. The plaintiff is required to file the complaint within two months if residing in the province, or four months if outside it. Failure to meet these deadlines will result in the dismissal of the case or appeal, thereby reviving the judgment of the lower court.
- What type of law is Act No. 2111?
- An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case (Act No. 2111) is a Philippine Statutes enacted by the Congress of the Philippines.
- When was An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case enacted?
- An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case (Act No. 2111) was enacted on Jan 31, 1912.
- What is the citation for An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case?
- An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case, Act No. 2111, Jan 31, 1912 (Philippines)
Law Information
- Reference Number
- Act No. 2111
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 31, 1912
ACT NO. 2111
AN ACT AMENDING SECTION SEVENTY-EIGHT OF ACT NUMBERED ONE HUNDRED AND NINETY, ENTITLED "AN ACT PROVIDING A CODE OF PROCEDURE IN CIVIL ACTIONS AND SPECIAL PROCEEDINGS IN THE PHILIPPINE ISLANDS" AS AMENDED, BY PROVIDING FOR THE DISPOSITION BY THE APPELLATE COURT OF CASES APPEALED FROM THE JUSTICE OF THE PEACE COURT TO THE COURT OF FIRST INSTANCE WHEN THE PLAINTIFF FAILS TO PROSECUTE THE CASE
SECTION 1. Section seventy-eight of Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" is hereby further amended so as to read as follows:
"SEC. 78. Transmittal of record and disposition of the case by the appellate court when the plaintiff fails to prosecute the case. — The justice of the peace from whose decision an appeal is taken, shall, within five days after the perfection of said appeal, transmit to the clerk of the Court of First Instance for the province a certified copy of the docket entries, together with all the original papers and process in the case, and the original appeal bond or certificate of deposit in lieu thereof, together with the appellate court docket fee, upon receipt of all of which the clerk docket the cause in the court of First Instance, fees shall thereafter be charged upon such appeal as in suits originating in said court, and shall within ten days, so notify the parties. The plaintiff shall be obliged to file the complaint within a period of two months if he resides in the province, or of four months if he resides outside the province, counting from the date on which he received the notice. If the plaintiff shall fail to file the complaint within the above-mentioned period, the court shall dismiss the case if the appeal was taken by the defendant, or dismiss the appeal if it was taken by the plaintiff, and in such case the dismissal of the appeal shall revive the judgment of the lower court."
ENACTED, January 31, 1912.
Cite This Law
An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case, Act No. 2111, Jan 31, 1912 (Philippines)
An Act Amending Section Seventy-Eight of Act Numbered One Hundred and Ninety, Entitled "An Act Providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands" As Amended, by Providing for the Disposition by the Appellate Court of Cases Appealed from the Justice of the Peace Court to the Court of First Instance when the Plaintiff Fails to Prosecute the Case, Act No. 2111 (Phil. 1912)
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