Title
Amendment on civil appeals in justice courts
Law
Act No. 3615
Decision Date
Dec 4, 1929
An amendment to the Code of Civil Procedure in the Philippines requires that appeals in civil cases must be filed within fifteen days of being notified of the judgment, and outlines the necessary steps to perfect the appeal, including filing a notice of intention to appeal, paying a docket fee, and providing a bond or deposit.

Steps to Perfect an Appeal

  • To perfect an appeal, the appellant must complete the following:
    • File a notice of intent to appeal with the justice of the peace.
    • Provide a certificate from the municipal treasurer verifying a sixteen-peso deposit as the appellate court docket fee. For appeals in Manila, this sum must be delivered to the court clerk.
    • Give a bond to the justice of the peace.

Role and Duties of Court Officials Regarding Appeal Fees

  • Upon receipt of the case record, the clerk of the Court of First Instance must deliver the deposit certificate within five days to the provincial treasurer.
  • The provincial treasurer immediately pays the sum of sixteen pesos.
  • The clerk enters the appeal on the docket only after receiving the fee.

Bond Requirements and Alternatives

  • The appeal bond must be fifty pesos, executed to the adverse party, with at least one sufficient surety.
  • The bond guarantees that the appellant will pay all costs the Court of First Instance may award against him.
  • Alternatively, the appellant may deposit twenty-five pesos with the municipal treasurer (or the Collector of Internal Revenue in Manila) instead of providing a bond.
    • This deposit is available for covering any judgment costs against the appellant.
    • If the appellant wins, the deposit is refunded by the official holding the funds.

Costs and Notification Expenses

  • The expense of notifying the judgment being appealed shall be included as part of the court costs.

Effectivity

  • The Act took effect upon its approval on December 4, 1929.

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