AN ACT PROVIDING A CODE OF PROCEDURE IN CIVIL ACTIONS AND SPECIAL PROCEEDINGS IN THE PHILIPPINE ISLANDS

• Number: Act No. 190
• Sections: 797

Preamble

PART I

GENERAL AND PRELIMINARY PROVISIONS

LAWYERS, THEIR QUALIFICATIONS AND DUTIES

PRESCRIPTION : TIME OF COMMENCING ACTION

PROCEDURE IN COURTS OF JUSTICE OF THE PEACE

PLEADINGS

PARTIES TO ACTIONS

VARIOUS PROCEEDINGS IN COURTS IN FIRST INSTANCE

ASSESSORS IN COURTS OF FIRST INSTANCE

Special Remedies - Injunctions. - Mandate. - Receivers. - Prohibition. - Partition of Real estate. - Contempt. - Usurpation of Office or Eminent domain. - Franchise, etc. - Foreclosure. - Certiorari proceedings. - Manual Delivery of Personal property.

INJUNCTIONS

RULES OF EVIDENCE – AFFIDAVITS AND DISPOSITIONS – PERPETUATION OF TESTIMONY

RULES OF EVIDENCE

VENUE OF ACTIONS

PROCEEDINGS WHEN JUDGE IS DISQUALIFIED OR DISABLED

WITNESSES

DUTIES OF THE CLERK OF COURT OF FIRST INSTANCE

PROCESS

PRELIMINARY PROCESS

SUBPOENAS, AND COMPELLING ATTENDANCE OF WITNESSES

ARREST OF DEFENDANT

ATTACHMENT OF DEFENDANT’S PROPERTY

FINAL PROCESS, EXECUTION

THE EXECUTION AND PROCEEDINGS THEREON

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION

COSTS IN THE SEVERAL COURTS

PROCEEDINGS IN SUPREME COURT

GENERAL PROCEDURE OF THE SUPREME COURT, AND PROCEDURE ON BILLS OF EXCEPTIONS

PROCEEDINGS OF SUPREME COURT IN THE EXERCISE OF ITS ORIGINAL JURISDICTION

THE CLERK OF THE SUPREME COURT AND HIS DUTIES

POWER OF JUDGE OR COURT IN SPECIAL PROCEEDINGS

PROCEEDINGS IN HABEAS CORPUS

GUARDIANS, THEIR APPOINTMENT, DUTIES, POWERS AND ACCOUNTS

TRUSTS, TRUSTEES, AND PROCEEDINGS IN RELATION THERETO

TRUSTS AND TRUSTEES

ESTATES OF DECEASED PERSONS

SETTLEMENT OF ESTATES WITHOUT LEGAL PROCEEDINGS

JURISDICTION OVER ESTATES OF DECEASED PERSONS

WILLS AND THE ALLOWANCE THEREOF, AND DUTIES OF EXECUTORS

GENERAL DUTIES OF EXECUTORS AND ADMINISTRATORS

CLAIMS AGAINST ESTATE, HOW ALLOWED

SUITS BY AND AGAINST EXECUTOR AND ADMINISTRATOR

PROPERTY EMBEZZLED OR SECRETED, OR FRAUDULENTLY CONVEYED

SALE OF ESTATE

FROM WHAT ESTATE DEBTS TO BE PAID

PAYMENTS OF DEBTS

ESCHEATS

DISTRIBUTION OF ESTATE

ADOPTION AND CUSTODY OF MINORS

APPEALS IN SPECIAL PROCEEDINGS

FORMS AND FEES

FINAL PROVISIONS

Section 1 Interpretation of Words.

SECTION 1. Interpretation of Words. — In the interpretation of this Code, unless the context shows that another sense was intended, the word "person" includes a private corporation;"writing" includes printing; "oath" includes affirmation or other solemn declaration in such form as the court shall find to be obligatory upon the conscience of the witness; "of unsound mind" includes every species of mental deficiency or derangement; "bond" includes an undertaking or recognizance; "and" may be read "or," and "or" read "and," if the sense requires it; "writ" signifies an order or precept in writing issued in the name of the Government, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings; an "action" means an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the redress or prevention of a wrong; every other remedy furnished by law is a special proceeding; "pleadings" are the formal allegations by the parties of their respective claims and defenses, for the judgment of the court; words in the present tense include the future tense, and in the masculine gender include the feminine and neuter genders; and words in the plural include the singular, and in the singular include the plural number; the term "dollars" means the money of the United States, and the term "pesos" means Mexican or insular currency.

The phrase "territory of the United States," or "territories of the United States," includes any body politic and any territorial possession under the jurisdiction of the United States.

But this enumeration shall not be construed to require a strict construction of other general words.

Section 2 Construction of Code.

SEC. 2. Construction of Code. — The provisions of this Code, and the proceedings under it, shall be liberally construed, in order to promote its object and assist the parties in obtaining speedy justice.

Section 3 Powers of Deputies.

SEC. 3. Powers of Deputies. — The duty enjoined by statute upon a ministerial officer, and an act permitted to be done by him, may be performed by his lawful deputy.

Section 4 How time computed.

SEC. 4. How time computed. — Unless otherwise specially provided, the time within which an act is required by law to be done shall be computed by excluding the first day and including the last; and if the last be Sunday or a legal holiday it shall be excluded.

Section 5 Provisions concerning process.

SEC. 5. Provisions concerning process. — Process shall be under the seal of the court from which it issues, be styled "The United States of America, Philippine Islands, Province of ________________" to be signed by the clerk and bear date the day it actually issued.

Section 6 Rules of Court.

SEC. 6. Rules of Court. — The judges of the Supreme Court shall prepare rules regulating the conduct of business in the Supreme Court and in the Courts of First Instance. The rules shall be uniform for all Courts of First Instance throughout the Islands. Such rules, when duly made and promulgated and not in conflict with the laws of the United States or of the Philippine Islands, shall be binding and must be observed, but no judgment shall be reversed by reason of a failure of the court to comply with such rules unless the substantial rights of a party have been impaired by such failure.

Section 7 Stamped Paper.

SEC. 7. Stamped Paper. — Stamped paper is not required for use in proceedings in any court. But, for uniformity and convenience of folding and filing papers, the rules of court may prescribe the size and form of sheets of paper to be used for all written and printed documents in legal proceedings.

Section 8 Disqualification of Judges.

SEC. 8. Disqualification of Judges. — No judge, magistrate, justice of the peace, assessor, referee, or presiding officer of any tribunal shall sit in any cause or proceeding in which he is pecuniarily interested, or related to either party within the sixth degree of consanguinity or affinity, computed according to the rules of the civil law, nor in which he has been counsel, nor in which he has presided in any inferior judicature when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.

No challenge as to the competency of any of the officials named in this section shall be received or allowed; but if it be claimed that the official is disqualified by the provisions of this section, the party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay of action shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in his court.

Section 9 Civil liability of Judges.

SEC. 9. Civil liability of Judges. — No judge, justice of the peace or assessor shall be liable to a civil action for the recovery of damages by reason of any judicial action or judgment rendered by him in good faith, and within the limits of his legal powers and jurisdiction.

Section 10 Publicity of proceedings and records.

SEC. 10. Publicity of proceedings and records. — The sitting of every court of justice shall be public, but any court may, in its discretion, exclude the public when the testimony to be adduced is of so indecent a nature as to require such exclusion in the interests of morality. The records of every court of justice shall be public records and available for the inspection of any party in interest, at all proper business hours, under the supervision of the clerk having the custody of such records, unless the court shall in any special case have forbidden the publicity of the records, in the interests of morality, by reason of their indecent character.

Section 11 Incidental powers of courts.

SEC. 11. Incidental powers of courts. — Every court shall have power:

1. To preserve and enforce order in its immediate presence;

2. To enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

3. To compel obedience to its judgments, orders, and process, and to the lawful orders of a judge out of court, in an action or proceeding pending therein;

4. To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto;

5. To compel the attendance of persons to testify in an action or proceeding pending therein;

6. To administer or cause to be administered oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers;

7. To amend and control its process and orders so as to make them conformable to law and justice.

Section 12 Official Language.

SEC. 12. Official Language. — The official language of all courts and their records shall be the Spanish language, until the first day of January, nineteen hundred and six. After that date English shall be the official language. But the Supreme Court, or any Court of First Instance, may, in its discretion, order a duplicate record in the English language to be made and duly enrolled in any action or proceeding, whenever the court shall determine that such duplicate record would promote the public convenience and the interests of the parties.

Provided, That any party or his counsel may examine or cross-examine witnesses, or make an oral argument in English or a native dialect and the same shall be clearly interpreted into Spanish by a court interpreter; and a party or his counsel may submit a written or printed pleading or brief in English or a native dialect, if at the same time he accompanies it by a correct Spanish translation: And provided further, That in cases in which all the parties or counsel stipulate in writing, and the court consents, the proceedings may be conducted in English or a native dialect only, but in such case the record of the pleadings, bills of exceptions, and judgments shall be made in Spanish as well as in the language in which the cause was conducted.

Section 13 Who may practice as lawyers.

SEC. 13. Who may practice as lawyers. — The following persons, if not specially declared ineligible, are entitled to practice law in the courts of the Philippine Islands:

1. Those who have been duly licensed under the laws and orders of the Islands under the sovereignty of Spain or of the United States and are in good and regular standing as members of the bar of the Philippine Islands at the time of the adoption of this Code;

2. Those who are hereafter licensed in the manner herein prescribed.

Section 14 Qualification of applicants.

SEC. 14. Qualification of applicants. — Any resident of the Philippine Islands, not a subject or citizen of any foreign government, of the age of twenty-three years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as a member of the bar of the Islands and to practice as such in all their courts.

Section 15 Certificates of good character required.

SEC. 15. Certificates of good character required. — Every applicant for admission as a member of the bar must produce before the Supreme Court satisfactory testimonials of good moral character, and must satisfactorily pass a proper examination upon all the codes of law and procedure in force in the Philippine Islands, and upon such other branches of legal learning as the Supreme Court by general rule shall provide. The Supreme Court by rule may require that applicants shall have regularly and attentively studied law for a fixed period before taking the examination, and may specify the kind of evidence necessary to establish the fact: Provided, nevertheless, That if the applicant has been admitted to practice law in the courts of the Philippine Islands, or in the courts of Spain, or any of its dependencies, during the period of the Spanish sovereignty in the Philippine Islands, he may be admitted to practice in the courts of these islands without further examination, except as in this section hereinafter provided, upon the production of his license and satisfactory evidence that such license has not been revoked, and that the applicant is of good moral character and professional standing; but the judges of the Supreme Court may, by general rules, provide that an applicant for admission under this proviso shall satisfactorily pass an examination upon the codes of law and procedure in force in these Islands.

Section 16 Place and manner of examinations.

SEC. 16. Place and manner of examinations. — Such examinations shall be conducted at Manila, by the judges of the Supreme Court or by a committee of competent lawyers by them to be appointed, and shall be held at such times as the judges of that court shall provide by general or special rules.

Section 17 Admission.

SEC. 17. Admission. — If upon examination, the candidate is found qualified, the Supreme Court shall admit him as a member of the bar for all the Courts of the Philippine Islands, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of the court, which certificate shall be his license.

Section 18 Oaths.

SEC. 18. Oaths. — Before receiving a certificate the applicant shall take and subscribe in court the following oaths:

1. "I, _________________________, recognize and accept the supreme authority of the United States of America, and I do swear that I will maintain allegiance to that nation; that I will obey the existing laws which rule in the Philippine Islands, as well as the legal orders and decrees of the duly constituted authorities therein; that I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God."

2. "I do solemnly swear that I mill do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, but will conduct myself in the office of a lawyer within the courts according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients. So help me God."

These oaths may be taken before any judge of the Supreme Court, and a certificate that the oath has been taken shall be set forth in the license.

Section 19 Admission from other jurisdictions.

SEC. 19. Admission from other jurisdictions. — Every resident of the Philippine Islands, not a citizen or subject of any foreign government, who has been admitted to practice law in the Supreme Court of the United States, or in any circuit court of appeals, circuit or district court therein, or in the highest court of any State or Territory of the United States, may be admitted to practice in the courts of these islands upon the production of his license and satisfactory evidence that such license has not been revoked and that the applicant is of good moral character and professional standing. But the judges of the Supreme Court may, by general rules, provide that an applicant for admission under this section shall satisfactorily pass an examination upon the codes of law and procedure in force in these Islands.

The applicant under this section shall take the oaths above provided before receiving his license.

Section 20 Lawyers' roll.

SEC. 20. Lawyers' roll. — The clerk of the Supreme Court shall keep a roll of all the lawyers admitted to practice in the court, which roll shall be signed by the person admitted before he receives his license.

Section 21 Disbarments.

SEC. 21. Disbarments. — A member of the bar may be removed or suspended from his office as lawyer by the Supreme Court for any deceit, malpractice or other gross misconduct in such office, or by reason of his conviction of a crime involving moral turpitude or for any violation of either of the oaths aforesaid, or for the willful disobedience of any lawful order of the Supreme Court or Courts of First Instance, or for corruptly or willfully appearing as a lawyer for a party to an action or proceeding without authority so to do.

Section 22 Suspension of lawyers.

SEC. 22. Suspension of lawyers. — Courts of First Instance may suspend a lawyer from the further practice of his profession for any of the causes named in the last preceding section, and after such suspension such lawyer will not be privileged to practice his profession in any of the courts of the Islands until further action of the Supreme Court in the premises.

Section 23 Proceedings upon suspension.

SEC. 23. Proceedings upon suspension. — Upon such suspension the judge of the Court of First Instance ordering the suspension shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon the receipt of such certified copy and statement, the Supreme Court shall make full investigation of the facts involved and make such order revoking or extending the suspension, or removing the lawyer permanently from the roll, as it shall find the facts to warrant.

Section 24 Institution and costs of disbarment proceedings.

SEC. 24. Institution and costs of disbarment proceedings. — Proceedings for the removal or suspension of a lawyer may be taken by the court of its own motion, or upon the complaint of another in writing. It shall be the duty of the Attorney-General for the Islands to appear for the Government in all such proceedings in the Supreme Court, and to conduct prosecutions. The costs of the prosecution of such proceedings shall be paid by the Government; the cost of the defendant by himself.

Section 25 Hearing of charges.

SEC. 25. Hearing of charges. — No lawyer shall be removed from the roll or be suspended from the performance of his profession until he has had full opportunity to answer the charges against him, and to produce witnesses in his own behalf and to be heard by himself and counsel, if he so desires, upon reasonable notice. But if upon reasonable notice the accused fails to appear and answer the accusation, the court may proceed to determine the matter ex parte.

Section 26 Authority to appear.

SEC. 26. Authority to appear. — No written power of attorney shall be required to authorize a duly enrolled lawyer to appear in court for his client, but the presiding judge may, on motion of either party, and on reasonable grounds therefor being shown, require any lawyer who assumes the right to appear in an action or proceeding to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may make any order that justice may require on such investigation; but, prima facie, lawyers shall be held properly authorized to represent any causes they may appear in.

Section 27 Authority to bind their clients.

SEC. 27. Authority to bind their clients. — Lawyers have authority to bind their clients in any action or proceeding, by any agreement in relation to the cause, made in writing and in entering appeals, and in all matters of ordinary judicial procedure. But they can not, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.

Section 28 Unauthorized appearances; contempt.

SEC. 28. Unauthorized appearances; contempt. — A lawyer willfully appearing in court for a person without being employed, unless by leave of the court, is guilty of a contempt of court, and may be fined a sum of not less than one hundred dollars and not more than one thousand dollars by the court in which such unauthorized appearance has been entered.

Section 29 Lawyer's fees.

SEC. 29. Lawyer's fees. — A lawyer shall be entitled to have and recover from his client no more than a reasonable compensation for the services rendered, with a view to the importance of the subject matter of the controversy, to the extent of the services rendered, and the professional standing of the lawyer. But in such cases the court shall not be bound by the opinion of lawyers as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount of recovery if found by the court not to be unconscionable or unreasonable.

Section 30 Retention of client's funds.

SEC. 30. Retention of client's funds. — When a lawyer unjustly retains in his hands money of his clients after it has been demanded, he may be dealt with as for contempt of court, and may, after due hearing, be imprisoned until he pays over his client's moneys ascertained to be unlawfully in his hands, but for a period not exceeding six months in all. But proceedings under this section shall not be a bar to a criminal prosecution for embezzlement.

Section 31 Inviolability of communications of clients.

SEC. 31. Inviolability of communications of clients. — A lawyer must strictly maintain inviolate the confidence and preserve the secrets of his client. He shall not be permitted in any court, without the consent of his client, given in open court, to testify to any facts imparted to him by his client in professional consultation, or for the purpose of obtaining advice upon legal matters.

Section 32 Change of lawyers.

SEC. 32. Change of lawyers. — A lawyer may retire at any time from any action or special proceeding, by the written consent of his client filed in court, and a client may at any time dismiss his lawyer or substitute another in his place. A lawyer may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and lawyer, and on hearing, determine that he ought to be allowed to retire. In case of such substitution, the name of the lawyer newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the adverse party.

Section 33 Procuradors or solicitors.

SEC. 33. Procuradors or solicitors. — Procuradors or solicitors will no longer be recognized as officers of the courts, and the duties formerly appertaining to such office shall devolve upon lawyers.

Section 34 Employment of lawyers not required.

SEC. 34. Employment of lawyers not required. — Any party may conduct his litigation in a court of a justice of the peace, in person or with the aid of an agent or friend appointed by him for that purpose, or with the aid of a lawyer; in any other court a party may conduct his litigation personally or by aid of a lawyer, and his appearance must be either personal or by the aid of a duly authorized member of the bar.

Section 35 Lawyers for destitute litigants.

SEC. 35. Lawyers for destitute litigants. — The Supreme Court and Courts of the First Instance may, in their discretion, assign any lawyer to render professional aid to a party, in any pending action, free of charge, if such court, upon full investigation, shall find that the party is destitute and unable to employ a lawyer and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. Upon such assignment, it shall be the duty of the lawyer assigned to render the required services, unless he shall be excused therefrom by the court for sufficient cause shown.

Section 36 Judges as lawyers.

SEC. 36. Judges as lawyers. — No judge of the Supreme Court or Court of First Instance, Attorney-General, Solicitor-General, assistant-attorney-general, or clerk of court shall be allowed to act as a lawyer or to give professional advice to clients while holding office.

Section 37 Lawyer's liens.

SEC. 37. Lawyer's liens. — A lawyer shall have a lien upon all the funds and papers and documents of his client which may lawfully have come into his possession, and may retain the same until his lawful fees and disbursements due to him from his client have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments and decrees for the payment of money, and executions issued in pursuance of such judgments and decrees which he has secured in a litigation of his client, from and after, but not before, the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment or decree, or issuing such execution, and shall have caused written notice thereof to be delivered to the adverse party, and shall have the same right and power over such judgments, decrees, and executions to enforce his lien as his client had or may have, to the extent that may be necessary for the payment of his just fees and disbursements.

Section 38 To what this chapter does not apply.

SEC. 38. To what this chapter does not apply. — This chapter shall not apply to actions already commenced, or to cases wherein the right of action has already accrued; but the statutes in force when the action or right of action accrued shall be applicable to such cases according to the subject of the action and without regard to the form; nor shall this chapter apply in the case of a continuing and subsisting trust, nor to an action by the vendee of real property in possession thereof to obtain the conveyance of it: Provided, nevertheless, That all rights of action which have already accrued, except those named in the last preceding paragraph, must be vindicated by the commencement of an action or proceeding to enforce the same within ten years after this Act comes into effect.

Section 39 Special limitations excepted.

SEC. 39. Special limitations excepted. — Civil actions can only be commenced within the periods prescribed in this chapter after the cause of action accrues; but where a different limitation is prescribed by this Code, that shall govern.

Section 40 Period of prescription as to real estate.

SEC. 40. Period of prescription as to real estate. — An action for recovery of the title to, or possession of, real property, or an interest therein, can only be brought within ten years after the cause of such action accrues.

Section 41 Title to land by prescription.

SEC. 41. Title to land by prescription. — Ten years actual adverse possession by any person claiming to be the owner for that time of any land or interest in land, uninterruptedly continued for ten years by occupancy, descent, grants, or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title, saving to the persons under disabilities the rights secured by the next section. In order to constitute such title by prescription or adverse possession, the possession by the claimant or by the person under or through whom he claims must have been actual, open, public, continuous, under a claim of title exclusive of any other right and adverse to all other claimants. But failure to occupy or cultivate land solely by reason of war shall not be deemed to constitute an interruption of possession of the claimant, and his title by prescription shall be complete, if in other respects perfect, notwithstanding such failure to occupy or cultivate the land during the continuance of war.

Section 42 Exceptions in favor of persons under disability.

SEC. 42. Exceptions in favor of persons under disability. — If a person entitled to bring the action mentioned in the preceding sections of this chapter is, at the time the cause of action accrues, within the age of minority, of unsound mind or in prison, such person may, after the expiration of ten years from the time the cause of action accrues, bring such action within three years after such disability is removed.

Section 43 Other civil actions; how limited.

SEC. 43. Other civil actions; how limited. — Civil actions other than for the recovery of real property can only be brought within the following periods after the right of action accrues:

1. Within ten years: An action upon an agreement, contract, or promise in writing, or upon the judgment or decree of a court;

2. Within six years: An action upon a contract not in writing, whether such contract is express or implied, and an action upon a liability created by statute other than a forfeiture or penalty;

3. Within four years: An action for an injury to or trespass upon real estate. An action for the recovery of personal property. An action for the recovery of damages for taking, retaining, or injuring personal property. An action for injury to the person other than injuries resulting from assault, battery, or false imprisonment. An action for an injury to the rights of the plaintiff not arising on contract and not hereinafter enumerated. An action for relief on the ground of fraud, but the right of action in such case shall not be deemed to have accrued until the discovery of the fraud;

4. Within one year: An action for libel or slander, assault, battery, malicious prosecution, or false imprisonment. An action upon a statute, for a penalty or forfeiture; but where a different limitation is prescribed in the statute by which the remedy is given, the action must be brought within the period so limited.

Section 44 For other relief.

SEC. 44. For other relief. — An action for relief not herein provided for can only be brought within ten years after the cause of action accrues.

Section 45 Rights saved to certain persons.

SEC. 45. Rights saved to certain persons. — If a person entitled to bring any action mentioned in either of the two last preceding sections is, at the time the cause of action accrues, within the age of minority, of unsound mind, or in prison, such person may bring such action within two years after the disability is removed unless the right of action is one of those named in subdivision four of section forty-three, in which case it may be brought within one year after such disability is removed.

Section 46 When action deemed commenced.

SEC. 46. When action deemed commenced. — An action shall be deemed commenced within the meaning of this chapter, as to each defendant, at the date of the filing of the complaint in court, but if an additional defendant is made after the commencement of the action, the action shall be deemed commenced within the meaning of this chapter, as to each defendant, at the date of the summons which is served on him.

Section 47 As to absent persons.

SEC. 47. As to absent persons. — If, when a cause of action accrues against a person, he is out of the Philippine Islands, or has absconded or concealed himself, and has not known or visible property within the Islands; the period limited for the commencement of the action shall not begin to run until he comes into the Islands or while he is so absconded or concealed, or until he has known or visible property within the Islands; and if, after the cause of action accrues, he departs from the Philippine Islands, or absconds or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which time the cause of action should be brought.

Section 48 If barred at place where cause of action arose, barred here.

SEC. 48. If barred at place where cause of action arose, barred here. — If, by the laws of the state or country where the cause of action arose, the action is barred, it is also barred in the Philippine Islands.

Section 49 Saving in other cases.

SEC. 49. Saving in other cases. — If, in an action commenced, or attempted to be commenced, in due time, a judgment for the plaintiff be reversed, or if the plaintiff fail otherwise than upon the merits, and the time limited for the commencement of such action has, at the date of such reversal or failure, expired, the plaintiff, or, if he die and the cause of action survive, his representatives, may commence a new action within one year after such date, and this provision shall apply to any claim asserted in any pleading by a defendant.