Question & AnswerQ&A (Act No. 3615)
Act No. 3615 amends Section 76 of the Code of Civil Procedure relating to appeals in civil causes in the Justice of the Peace Courts.
An appeal must be filed within fifteen days after notification of the party of the judgment complained of.
An appeal is perfected by (a) filing a notice of intent to appeal with the justice of the peace, (b) delivering a certificate of deposit of sixteen pesos as appellate court docket fee, and (c) giving a bond.
The appellate court docket fee required is sixteen pesos.
The bond, amounting to fifty pesos and executed to the adverse party with one surety, is conditioned for the payment of all costs which the Court of First Instance may award against the appellant.
Yes, the appellant may file a certificate that he deposited twenty-five pesos with the municipal treasurer or, in Manila, with the Collector of Internal Revenue, which is available to satisfy any judgment for costs.
The clerk of the Court of First Instance delivers the deposit certificate within five days to the provincial treasurer.
If judgment is in favor of the appellant, the sum deposited in lieu of appeal bond shall be returned by the official with whom it was deposited.
Yes, the expense of notification of the judgment appealed from shall be assessed as part of the costs.