Title
Official Court Language Transition Law
Law
Act No. 1946
Decision Date
May 20, 1909
The Philippine Law, Act No. 1946, amends the official language of the courts in the Philippines, allowing the use of English and requiring translations into Spanish for certain documents and proceedings.
A

Discretionary Use of English in Court Proceedings

  • The Supreme Court or Court of First Instance may order the creation and enrollment of a duplicate record in English in any proceedings when it promotes public convenience and benefits the parties.

Rights of Parties and Counsel Regarding Language

  • Parties or their counsel have the right to examine or cross-examine witnesses or make oral arguments in English.
  • Oral English arguments must be clearly interpreted into Spanish by a court interpreter if the judge requires it.
  • Written or printed briefs may be submitted in English if accompanied by an accurate Spanish translation.

Stipulated Use of English in Proceedings

  • If all parties or counsel stipulate in writing and the court consents, proceedings may be conducted entirely in English.
  • In such cases, records of pleadings, bills of exceptions, and judgments need not be translated into Spanish.

Use of English in Appeals when Trial Conducted in English

  • When a case is tried in English at the trial court level (civil or criminal), English shall also be used in the Supreme Court on appeal.
  • Briefs submitted in the Supreme Court under this circumstance must include a Spanish translation.

Filing of Specific Applications in English

  • Applications for injunctions, receiverships, certiorari proceedings, mandates, prohibitions, arrest of defendant, or attachments can be filed in English without prior Spanish translation.
  • The filing party must provide a Spanish translation within two days of filing.
  • The court may extend this period up to ten days depending on the length of the document.

Effectivity

  • The Act took effect immediately upon its passage on May 20, 1909.

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