[ G.R. No. 2442. February 26, 1906 ] 5 Phil. 647
[ G.R. No. 2442. February 26, 1906 ]
GREGORIO CEDRE ET AL., PETITIONERS, VS. JAMES C. JENKINS, JUDGE OF THE COURT OF FIRST INSTANCE OF PANGASINAN, RESPONDENT. D E C I S I O N
PER CURIAM:
Whereas the writ of mandamus directed to the judge of the Court of First Instance of Pangasinan under and by virtue of the resolution of this court, dated the 15th instant, in regard to the settlement and allowance of a bill of exceptions, was issued in accordance with the provisions of section 499 of the Code of Civil Procedure; and Whereas the remedy provided in the said section of the Code of Civil Procedure, which remedy is similar to the rccurso dc queja provided in the old Spanish Law of Civil Procedure, is quite different from the extraordinary remedy referred to in sections 222 and 515 of the present Code of Procedure; and
Whereas the provisions of the aforesaid section 499 of the Code of Civil Procedure do not authorize the respondent judge to demur to the complaint, which is only allowed in ordinary actions, instead of stating in writing his reasons for not certifying the bill of exceptions; and Whereas the court below in order to comply with the writ of this court issued on the 15th instant should follow the provisions contained in paragraph 2 of the above-mentioned section 499 of the Code of Procedure in Civil Actions: Now, therefore,
Resolved, That this court refuses to consider the demurrer of the respondent judge, and it is hereby ordered that he be notified of this decision for his information and guidance.
Arellano, C. J., Torres, Mapa, Carson, and Willard, JJ., concur.