General procedure in the Supreme Court.
SEC. 496. General procedure in the Supreme Court. — The Supreme Court may, in the exercise of its appellate jurisdiction, affirm, reverse, or modify any final judgment, order, or decree of a Court of First Instance, regularly entered in the Supreme Court by bill of exceptions, or appeal, and may direct the proper judgment, order, or decree to be entered, or direct a new trial, or further proceedings to be had, and if a new trial shall be granted, the court shall pass upon and determine all the questions of law involved in the case presented by such bill of exceptions and necessary for the final determination of the action.
Hearings confined to matters of law, with certain exceptions.
SEC. 497. Hearings confined to matters of law, with certain exceptions. — In hearings upon bills of exception, in civil actions and special proceedings, the Supreme Court shall not review the evidence taken in the court below, nor retry the questions of fact, except as in this section hereafter provided; but shall determine only questions of law raised by the bill of exceptions. But the Supreme court may review the evidence taken in the court below, and affirm, reverse, or modify the judgment there rendered, as justice may require, in the following cases:
1. If assessors sat with the judge in the hearing in the court below, and both the assessors were of the opinion that the findings of the facts and judgment in the action are wrong and have certified in writing their dissent therefrom, and their reasons for such dissent, the Supreme Court may in connection with the hearing on the bill of exceptions, review the facts upon the evidence adduced in the court below, and shall give to the dissent aforesaid such weight as in the opinion of the judges of the Supreme Court it is entitled to, and upon such review shall render such judgment as is found just;
2. If before the final determination of an action pending in the Supreme Court on bill of exceptions, new and material evidence be discovered by either party, which could not have been discovered before the trial in the court below, by the exercise of due diligence, and which is of such a character as probably to change the result, the Supreme Court may receive and consider such new evidence, together with that adduced on the trial below, and may grant or refuse a new trial, or render such other judgment as ought, in view of the whole case, to be rendered, upon such terms as it may deem just. The party seeking a new trial, or a reversal of the judgment on the ground of newly discovered evidence, may petition the Supreme Court for such new trial, and shall attach to the petition affidavits showing the facts entitling him to a new trial and the newly discovered evidence. Upon the filing of such petition in the Supreme Court, the court shall, on notice to both parties, make such order as to taking further testimony by each party, upon the petition, either orally in court, or by depositions, upon notice, as it may deem just. The petition, with the evidence, shall be heard at the same time as the bill of exceptions;
3. If the excepting party filed a motion in the Court of First Instance for a new trial, upon the ground that the findings of fact were plainly and manifestly against the weight of evidence, and the judge overruled said motion, and due exception was taken to his overruling the same, the Supreme Court may review the evidence and make such findings upon the facts, and render such final judgment, as justice and equity require. But, if the Supreme Court shall be of the opinion that this exception is frivolous and not made in good faith, it may impose double or treble additional costs upon the excepting party, and may order them to be paid by the counsel prosecuting the bill of exceptions, if in its opinion justice so requires.
Procedure on appeal from special proceedings.
SEC. 498. Procedure on appeal from special proceedings. — On appeals from special proceedings had before a Court of First Instance or a judge thereof, the Supreme Court shall determine the questions of fact from the evidence certified from the judge or court below, and shall also decide all questions of law arising upon the appeal. But, if the appeal involves such a number of items of account as to render the reexamination of the evidence by the Supreme Court inconvenient and unduly burdensome, the court may refer the accounting to a commissioner to be appointed by it, who shall be thoroughly competent to adjust complicated accounts. The commissioner shall have power to administer oaths, and to reexamine all controverted items of the account, upon the testimony already taken and certified from the judge or court below, and upon such further testimony as the Supreme Court shall for special reasons authorize. He shall be sworn to a faithful performance of his duties as commissioner and shall have power to issue subpoenas for witnesses. He shall state the items of the account as allowed or disallowed, and report to the court his findings of facts and his allowances or disallowances, and his rulings upon all questions of law, and shall return to the court all testimony taken by him. The court shall thereupon render, upon notice and hearing, such judgment as justice requires, in view of the findings of the commissioner and of the evidence. The court shall not be bound by its findings, but may review the evidence, or may recommit the report to the same or another commissioner for further findings, if justice so requires. The final judgment of the Supreme Court in such special proceedings shall be certified to the Court of First Instance immediately upon its rendition, and shall be conclusive.
Judge failing to sign exceptions, how compelled.
SEC. 499. Judge failing to sign exceptions, how compelled. — If from any cause the bill of exceptions is not certified by the judge of the court below, without fault of the party tendering the bill of exceptions, such party, or his attorney, may apply at the next term of the Supreme Court, and on petition obtain from said court a mandamus directed to such judge:
1. Such petition must set out substantially the bill of exceptions tendered, and shall be verified by oath by the lawyer as to the truth of the bill of exceptions as tendered by the party or his lawyer and as to the other facts stated therein;
2. Upon the filing of such petition, the Supreme Court shall issue a mandamus directed to the judge of the Court of First Instance, requiring him forthwith to make return of his reasons for not certifying the bill of exceptions, and the judge shall forthwith make such return, and the Supreme Court shall hear the original parties and determine the validity of the reasons given by the judge for his failure or refusal;
3. If the reasons be insufficient, or the judge fails or refuses to make any return to the mandamus, the Supreme Court shall issue a mandamus absolute, commanding the judge to sign and certify the bill of exceptions, as set forth in the petition or as modified by the Supreme Court;
4. If he still refuses to do so, the cause shall be heard by the Supreme Court on the exceptions as verified in the petition for mandamus;
5. In the hearing upon the judge's return, as provided in subdivision two of this section, the Supreme Court may, in its discretion, receive other testimony than the judge's return, in determining the validity of the reasons given by the judge for his failure or refusal to sign the bill of exceptions.
Dismissal of bills of exception.
SEC. 500. Dismissal of bills of exception. — Bills of exception may be dismissed with costs, when it appears upon the face thereof that the Supreme Court has no jurisdiction, or that the action has not been properly brought to that court by bill of exceptions, or that the exceptions have not been allowed by the judge of the Court of First Instance, or for unreasonable failure to prosecute or perfect the bill of exceptions. But no such dismissal shall be made for purely formal defects not affecting the rights of the parties, nor for any defect which can be removed, and the Supreme Court shall give such reasonable time as may be necessary to remove such defect, if it can be removed. Nor shall such dismissal be made as a penalty upon lawyer or client for noncompliance with any rule or rules of the court, where there has been a substantial compliance with the law prescribing the method of bringing actions into the Supreme Court; nor for any want of technical conformity to the laws or rules regulating the practice of carrying cases to that court, where there is enough in the bill of exceptions presented to enable the court to ascertain substantially the real questions presented in the case which the parties seek to have decided therein; nor shall such dismissal be granted whereby an amendment to the bill of exceptions, which is hereby declared to be lawful and allowable, and imperfections or omissions of necessary and proper allegations, could be corrected from the record in the case.
Incomplete record, how corrected.
SEC. 501. Incomplete record, how corrected. — If at any time when a case is called for trial, or during the trial, or afterwards, while the Supreme Court may have the same under consideration, it is discovered that the record is so incomplete that justice requires the case to be postponed until the record can be made complete, the court shall postpone the further consideration of the same and make such order as may be proper and necessary to complete the record, in the interests of justice. But the court may dismiss a bill of exceptions for failure of the excepting party within a reasonable time to comply with the orders made for the perfection of the bill of exceptions.
Effect of dismissing bill of exceptions.
SEC. 502. Effect of dismissing bill of exceptions. — The dismissal of a bill of exceptions by the Supreme Court will leave the action as though no bill of exceptions had ever been filed, and the judgment of the Court of First Instance may be enforced at any time after such dismissal. But the execution shall include additional costs allowed by the Supreme Court upon the dismissal of the bill of exceptions.
Judgment not to be reversed on technical grounds.
SEC. 503. Judgment not to be reversed on technical grounds. — No judgment shall be reversed on formal or technical grounds, or for such error as has not prejudiced the real rights of the excepting party.
May order trial before another judge.
SEC. 504. May order trial before another judge. — Whenever a judgment of a Court of First Instance shall be reversed and a new trial be ordered, the Supreme Court may assign one of its own members, or any judge of another Court of First Instance, to hear the action upon the new trial, instead of the judge whose judgment has been vacated, if, in the opinion of the Supreme Court, fairness to the parties requires such order.
Procedure upon new trial.
SEC. 505. Procedure upon new trial. — In a new trial ordered by the Supreme Court, all the evidence taken upon the former trial which is competent and admissible shall be used upon the new trial without retaking; but additional evidence may be presented upon the second trial by either party.
Certificate of judgment to be remitted to the Court of First Instance.
SEC. 506. Certificate of judgment to be remitted to the Court of First Instance. — In all cases heard by the Supreme Court on bills of exception, its judgments shall be remitted to the Courts of First Instance from which the actions respectively came into the Supreme Court; and for this purpose it shall be the duty of the clerk of the Supreme Court, within ten days after the close of any term, to remit to the clerks of Courts of First Instance, notices of all judgments of the Supreme Court in actions brought from the Courts of First Instance respectively. Upon receiving the notice so remitted, the clerk of the Court of First Instance shall enter the same upon his docket and file the notice with the other papers in the action.
The judgment so remitted shall be executed by the Court of First Instance, in the same manner as though the action had not been carried to the Supreme Court. But the Supreme Court may, by special order, direct any particular judgment to be remitted to the proper Court of First Instance at any time, without awaiting the end of the term.
The clerk of the Court of First Instance to give notice of judgments remitted.
SEC. 507. The clerk of the Court of First Instance to give notice of judgments remitted. — It shall be the duty of the clerks of Courts of First Instance, upon receiving notice of any judgment remitted by the Supreme Court, immediately in writing, to notify the counsel of all parties of the judgment that has been received.
Copy of opinion certified to court below.
SEC. 508. Copy of opinion certified to court below. — In all cases in which the Supreme Court shall reverse the judgment of the court below, and remand the action to be proceeded with in such court, by new trial or otherwise, the clerk of the Supreme Court shall prepare and certify a copy of the opinion of the Supreme Court in the action, and send it with the certificate of the judgment rendered in the action by the Supreme Court, to the clerk of the court from which the action was brought, or to which it may be remanded; and the fees of the clerk for certifying the opinion shall be a part of the taxable costs of the case in the Supreme Court; and the copy of the opinion furnished shall be preserved by the clerk to whom it is delivered, for the use of the court and parties.
Excepting party not entitled to reversal as to another.
SEC. 509. Excepting party not entitled to reversal as to another. — In all actions, civil and criminal, a judgment excepted to may be affirmed as to some of the excepting parties, and reversed as to others; and one of several excepting parties shall not be entitled to a judgment of reversal because of an error in the judgment against another, not affecting his rights in the case; and when a judgment shall be affirmed as to some of the excepting parties and reversed as to others, the case shall thereafter be proceeded with, so far as necessary, as if separate actions had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly, and costs may be adjudged in such cases, as the Supreme Court shall deem proper.
Interest on judgment affirmed.
SEC. 510. Interest on judgment affirmed. — When the Supreme Court shall affirm a judgment of a court below, for the recovery of money, or shall reverse a judgment of a court below, and award a sum of money as debt or damages, it shall direct that interest be added to the original judgment or sum determined to be due, from the date of the former judgment until the date of the final judgment, at the rate of six per cent per annum.
Extraordinary orders enforced by lower court, when.
SEC. 511. Extraordinary orders enforced by lower court, when. — When judgments are rendered in injunction or other extraordinary cases, the judges of the Courts of First Instance are clothed with the power to give immediate effect to them, either in term time or in vacation, after the judgment of the Supreme Court has been remitted to the Court of First Instance, as above provided.
Bills of exception to be printed.
SEC. 512. Bills of exception to be printed. — It shall be the duty of the clerk of the Supreme Court seasonably to cause thirty copies of all bills of exception to be printed, for the use of the judges and all counsel in the case. The expense of printing shall be paid primarily by the excepting party, and shall be taxed as a part of the costs in the case.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
