[ Act No. 1427, December 22, 1905 ]
AN ACT TO AMEND ACT NUMBERED ONE HUNDRED AND NINETY, ENTITLED "AN ACT PROVIDING A CODE OF PROCEDURE IN CIVIL ACTIONS AND SPECIAL PROCEEDINGS IN THE PHILIPPINE ISLANDS," AS AMENDED BY ACT NUMBERED ELEVEN HUNDRED AND TWENTY-THREE, SO AS TO CONTINUE THE SPANISH LANGUAGE AS THE OFFICIAL LANGUAGE OF ALL COURTS UNTIL THE FIRST DAY OF JANUARY, NINETEEN HUNDRED AND ELEVEN, PROVIDING THAT APPLICATIONS FOR RECEIVERS AND CERTAIN WRITS MAY BE FILED IN ENGLISH, AND FOR OTHER PURPOSES.
By authority of the United States, be it enacted by the Philippine Commission, that:
Section 1. Section twelve of Act Numbered One hundred and ninety, entitled "An Act providing a Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands," as amended by section one of Act Numbered Eleven hundred and twenty-three, is hereby further amended so as to read as follows:
"Section 12. Official language.-The official language of all courts and their records shall be the Spanish language until the first day of January, nineteen-hundred and eleven1aшphi1. After that date English shall lie the official language, but the Supreme Court or any Court of First Instance may in its discretion order a duplicate record in the English language made and duly enrolled in any action or proceedings whenever the court shall determine that such duplicate record would promote the public convenience and the interests of the parties: Provided, That any party or his counsel may examine or , cross-examine witnesses or make an oral argument in English or a native dialect, and the same shall be clearly interpreted into Spanish by a court interpreter whenever the judge shall so require; and the party or his counsel may submit a written or printed pleading or brief in English or a native dialect if at the same time he accompanies it by a correct Spanish translation: And, provided further, That in cases in which all the parties or counsel stipulate in writing, and the court consents, the proceedings may be conducted in English or in a native dialect only, and in such cases the record of the pleadings, the bills of exceptions, and judgments need not be translated into Spanish: And provided further. That when a case, civil or criminal, is so tried in the English language in the trial court, in the event of an appeal the English record shall be used in the Supreme Court, but the briefs shall be accompanied by a translation into the Spanish language: And provided further, That applications which have for their object. injunctions, receivers, certiorari proceedings, mandate, prohibition, arrest of defendant, or attachment can he filed in English and the same acted upon without need of a previous translation into Spanish, but the party filing the application must file a translation thereof within two days after the date of filing the application in court, a period which the court may extend to ten days if the length of the document to be translated so requires."
Section 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
Section 3. This Act shall take effect on its passage.
Enacted, December 22, 1905.
The Lawphil Project - Arellano Law Foundation
