[ Act No. 3250, December 01, 1925 ]

AN ACT TO AMEND SUBSECTION (a) OF SECTION SEVEN HUNDRED AND EIGHTY-FIVE OF ACT NUMBERED ONE HUNDRED AND NINETY, AS AMENDED BY ACT NUMBERED FIFTEEN HUNDRED AND EIGHTY-SIX

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.  Subsection  (a)  of section seven hundred and eighty-five of Act Numbered One  hundred and ninety, as amended by Act Numbered Fifteen hundred and eighty-six, is hereby further amended to read as follows:

"SEC. 785.  (a) It  shall be  lawful  for the clerk of the Supreme Court, the clerks of Courts of First  Instance, and commissioners appointed by the Courts  of First  Instance, assessors  in Courts of First Instance and in  courts of justices of the peace, governors as officers of the court, sheriffs, bailiff's, justices  of the  peace,  notaries  public, and  other officers, and persons hereinafter mentioned,  together  with their  assistants and deputies, to demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by  virtue of their several offices,  and no more: Provided, however, That any  poor person, not having sufficient means to prosecute or defend an action, or special proceeding, may apply to the justice of the peace court  or Court of First Instance  in which the action or  special proceedings is intended to be brought, or is pending, for leave to prosecute or defend as a poor person; said courts,  if satisfied upon full and careful investigation that  such person has not sufficient  means to pay the court,  clerk's  or sheriff's fees required to be paid for the prosecution or defense of the action, or special proceeding, as the case may be, may admit the applicant to prosecute or defend as  a poor  person, and  may in their discretion make an order remitting, reducing, or postponing the payment  of any court, clerk's or sheriff's fees or charges required by law to be paid for filing  papers,  for  swearing witnesses on the trial, or for issuing process of the court, and thereafter all papers shall be filed, all witnesses on the trial  shall be sworn, and all process  shall  be issued in accordance with such  order, and all poor persons, whether plaintiffs or  defendants, shall have the same remedies in such an action or special proceeding as are provided by law in other cases: Provided, further, That if the summons is served by a  municipal  deputy sheriff residing in  the  municipality  where the defendant or  defendants are, such officer shall receive the fees for the service of the copies of the complaint, without  mileage:  Provided, finally, That in case judgment is rendered for the poor plaintiff or plaintiffs,  the court shall assess all  sheriff fees, including  fees unpaid  under the exemption  provided for  in this  Act, as part of the costs, and such fees shall be collected by  said officer.''

SEC. 2. This Act shall take  effect on its approval.Approved, December 1,  1925.

Source: Supreme Court E-Library