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Act No. 190 Section 500

Dismissal of bills of exception.

Section 500

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.

Read the full instrument → · Open the chapter this section belongs to: CHAPTER XXII →

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

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

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