Title
San Pablo vs. Enage
Case
G.R. No. 31680
Decision Date
Aug 14, 1929
Petitioner failed to comply with procedural requirements, leading to final judgment; mandamus denied due to non-attachment of bill of exceptions.
A

Case Digest (G.R. No. 31680)

Facts:

  • On April 1, 1929, petitioner Dionisio San Pablo was notified of the judgment rendered in civil case No. 2432 before the Court of First Instance of Tayabas.
  • On April 30, 1929, the petitioner, who was also the then defendant, took exception to the decision and announced his intention to present a bill of exceptions.
  • On May 7, 1929, the petitioner duly filed his bill of exceptions.
  • On May 9, 1929, the trial court, citing the precedent in Layda vs. Legazpi, refused to approve the bill of exceptions.
  • Additionally, the petitioner failed to attach a copy of his bill of exceptions to his petition as required by Section 499 of the Code of Civil Procedure.

Issues:

  • Whether the petitioner’s bill of exceptions, filed on May 7, 1929 after taking exception to the judgment and announcing an intention to appeal, was timely and should be approved despite procedural irregularities.
  • Whether the trial court erred in denying the petition for a writ of mandamus to compel the Judge of First Instance to approve the bill of exceptions, given that the petitioner had not complied with the mandated periods and requirements for filing exceptions or a motion for new trial.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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