G.R. No. L‑3965

Facts
Plaintiffs Enrique F. Somes et al. filed an original action before the Supreme Court seeking a writ of mandamus to compel the judge of the Court of First Instance of Manila to sign a bill of exceptions. Citation was served on defendants A.S. Crossfield and Rafael Molina, who filed a demurrer. The plaintiffs relied on a petition for mandamus rather than the procedural remedy provided by Section 499 of the Code of Civil Procedure.

Issue
Whether the plaintiffs may maintain a mandamus action to compel the signing of a bill of exceptions, or must instead resort to the remedy under Section 499 of the Code of Civil Procedure.

Ruling
The demurrer is sustained. The plaintiffs’ action is improper; they must file a petition under Section 499 in the same case, bearing the same title. The present action is dismissed; the plaintiffs are given five (5) days to file an amended complaint, failing which the clerk shall enter a final judgment dismissing the complaint with costs, without prejudice to the right to proceed under Section 499.