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Act No. 190 Section 379

Proceedings when judge disqualified and special judge not agreed upon.

Section 379

SEC. 379. Proceedings when judge disqualified and special judge not agreed upon. — Whenever a judge in a Court of First Instance is disqualified, under the provisions of this Code, to sit in any action, and the parties do not select a special judge as provided in the preceding section, the judge shall immediately notify the Chief Justice of the Supreme Court of his disqualification, and of the fact that no special judge has been agreed upon, and thereupon the judges of the Supreme Court shall designate one of their own number, or some other judge of a Court of First Instance, to hold such a term of court, or such part thereof as may be necessary where such action may be pending, and to preside at the trial thereof, and the judge so designated shall in all respects have the same power in the action as though he had been the regular judge whose duty it was to preside in the court. But if the judges of the Supreme Court shall certify to the Chief Executive that it is inconvenient to assign any other judge to hold a term, or to try the action, the Chief Executive shall thereupon commission some person learned in the law to attend and hold said court, with the same power as though he had been the regular judge thereof. Any special judge ordered under the provisions of this section, or the preceding one, shall receive a compensation of twenty dollars, United States money, per day, and necessary expenses for the time actually employed.

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Other provisions in CHAPTER XII

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationAct No. 190 Section 379 (LawPlayer, data as of 2026-07-04)

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

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