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Serra v. Mortiga, 204 U.S. 470 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Serra v. Mortiga, 204 U.S. 470 (1907)
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Serra v. Mortiga No. 202 Submitted February l, 1907 Decided February 25, 1907 204 U.S. 470
ERROR TO THE SUPREME COURT
OF THE PHILIPPINE ISLANDS
Syllabus
The guarantees extended by Congress to the Philippine Islands are to be interpreted as meaning what the like provisions meant when Congress made them applicable to those islands.
While a complaint on a charge of adultery under the Penal Code of the Philippine Islands may be fatally defective for lack of essential averments as to place and knowledge on the part of the man that the woman was married, objections of that nature must be taken at the trial, and if not taken, and the omitted averments are supplied by competent proof, it is not error for the Supreme Court of the Philippine Islands to refuse to sustain such objections on appeal.
While the Supreme Court of the Philippine Islands hears an appeal as a trial de novo and has power to reexamine the law and the facts it does so entirely on the record.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Serra v. Mortiga, 204 U.S. 470 (1907) in 204 U.S. 470 204 U.S. 471. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=R1RWZCTLGR2L9JC.
MLA:
U.S. Supreme Court. "Syllabus." Serra v. Mortiga, 204 U.S. 470 (1907), in 204 U.S. 470, page 204 U.S. 471. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=R1RWZCTLGR2L9JC.
Harvard:
U.S. Supreme Court, 'Syllabus' in Serra v. Mortiga, 204 U.S. 470 (1907). cited in 1907, 204 U.S. 470, pp.204 U.S. 471. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=R1RWZCTLGR2L9JC.
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