GR L 951; (November, 1902) (Digest)
March 7, 2026GR L 956; (November, 1902) (Digest)
March 7, 2026G.R. No. L-955, November 21, 1902
RAMON CHAVES, plaintiff-appellee, vs. RAMON NERY LINAN, defendant-appellant.
FACTS:
This case involves a procedural motion filed before the Supreme Court. The defendant-appellant, Ramon Nery Linan, had previously filed a motion to dismiss the bill of exceptions, which was denied by the Court on October 29, 1902. Subsequently, the plaintiff-appellee, Ramon Chaves, filed a motion requesting the Court to issue an order directing the clerk of the Court of Misamis to transmit the original record of the case to the Supreme Court. The appellee argued that the bill of exceptions was incomplete and had been prepared without the knowledge or participation of the appellant or his attorney. The appellant opposed this motion, contending that the bill of exceptions was not incomplete. The appellee, however, did not specify in detail the alleged deficiencies or incompleteness of the bill of exceptions.
ISSUE:
Whether the motion of the appellee to compel the transmission of the original record should be granted based on the claim that the bill of exceptions is incomplete.
RULING:
The Supreme Court denied the motion of the appellee. The Court held that the appellee failed to substantiate the claim of incompleteness by not indicating in detail the specific deficiencies of the bill of exceptions. In the absence of such particulars, and considering the appellant’s assertion that the bill was not incomplete, the Court found no merit in the appellee’s motion. Accordingly, the motion was overruled.
