[ Act No. 3171, October 30, 1924 ]

AN ACT TO AMEND SECTION SEVENTY-EIGHT OF THE CODE OF CIVIL PROCEDURE, AS AMENDED BY ACT NUMBERED TWENTY-ONE HUNDRED AND ELEVEN.

Be it enacted by the Senate and House  of Representatives of the Philippines  in Legislature assembled and  by the authority of the same:SECTION 1. Section seventy-eight of Act Numbered One hundred and ninety, known  as  the  Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands, as amended by Act  Numbered Twenty-one hundred and eleven, is hereby further amended to read as follows:

"SEC. 78. Transmittal of  the record and duties  of the clerk of court upon the perfection of the  appeal and forwarding  of the papers in a  case appealed from  justice of the peace court.—The justice of the peace from  whose decision an appeal is taken, shall, within five days after the perfection of said appeal, transmit to the clerk of the Court of First  Instance  for the province a certified  copy of the docket entries, together with all  the  original papers  and process in the case, and the original appeal bond or certificate of deposit in  lieu thereof, together with the appellate court docket fee,  upon receipt  of all of  which the  clerk shall docket the cause in the Court of  First Instance, and the same fees shall thereafter be charged upon such appeal as in suits originating in said court.  Upon the docketing of the cause under appeal, the complaint filed in  the justice of the peace  court shall  be considered  reproduced in the Court of First Instance and it shall be the  duty of the clerk of the court to notify the parties by registered mail, and the period for interposing a demurrer and making  an  answer shall begin with the date of the receipt of such notice by the defendant."

SEC. 2. This Act shall  take effect  on its approval.Approved, October 30, 1924.

Source: Supreme Court E-Library