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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
