G.R. No. L-2346
ALBINO SANTOS, ET AL., petitioners, vs. SIMPLICIO DEL ROSARIO, judge of the Court of Land Registration, respondent.
Promulgated: October 26, 1905
Ponente: CARSON, J.

FACTS:
Petitioners Albino Santos, et al., filed an application for a writ of mandamus to compel respondent Judge Simplicio del Rosario of the Court of Land Registration to sign and certify a bill of exceptions. The respondent judge, in his answer, admitted the facts alleged in the petition but refused to sign and certify the bill of exceptions on the ground that it was not presented within the period prescribed by law.

ISSUE:
Whether a trial judge may refuse to sign and certify a bill of exceptions on the ground of late filing, or whether such question of timeliness should be determined by the Supreme Court.

RULING:
The Supreme Court granted the writ of mandamus, compelling the respondent judge to sign and certify the bill of exceptions. The Court ruled, citing its prior decision in Fischer vs. Ambler (1 Phil. Rep., 508), that under Section 500 of the Code of Civil Procedure, all questions regarding compliance with the legal requirements for bringing actions to the Supreme Courtincluding the timeliness of filing a bill of exceptionsmust be determined by the Supreme Court itself, not by the trial court. The proper course for the trial court is to settle and certify the bill of exceptions, stating the necessary facts, so that the Supreme Court may pass upon any objections regarding procedural compliance. The writ was accordingly issued.