Alonzo Gipa vs. Southern Luzon Institute

PAYMENT OF DOCKET FEES
ALONZO GIPA, IMELDA MARO LLANO, JUANITO LUDOVICE, VIRGILIO GOJIT, DEMAR BIT ANGCOR,
FELIPE MONTALBAN AND DAISY M. PLACERvs.SOUTHERN LUZON INSTITUTE as represented by its
Vice-President For Operations and Corporate Secretary, RUBEN G. ASUNCION
G.R. No.177425 June 18, 2014
FACTS:
Respondent Southern Luzon Institute (SLI), an educational institution in Bulan, Sorsogon, filed a Complaint for
Recovery of Ownership and Possession with Damages against the herein petitioners.
SLI alleged that it is the absolute owner of a parcel of land situated in Brgy. Poblacion, Bulan, Sorsogon.
In their Answer with Counterclaim,petitioners and their co-defendants asserted that they did not heed SLI’s
demand to vacate as they believed that they have the right to stay on the said property. They relied on their
occupation thereof and that of their predecessors-in-interest which, according to them, dates back to as early as
1950. By way of counterclaim, they prayed that they be declared the lawful possessors of the property;
Finding SLI to have proven its ownership of the property by preponderance of evidence, the RTC rendered a
Decision in its favor. Petitioners and their co-defendants filed a Notice of Appeal which was granted by the RTC.
The CA, however, dismissed the appeal since it was not shown that the appellate court docket fees and other
lawful fees were paid. Petitioners and their co-defendants promptly filed a Motion for Reconsideration to which
they attached a Certification from the RTC that they paid the appeal fee in the amount ofP3,000.00 under Official
Receipt. In view of this, the CA granted the said motion and consequently reinstated the appeal through its
resolution.
Subsequently, however, the CA further required petitioners and their co-defendants, to remit within ten days from
notice the amount of P30.00 for legal research fund, which apparently was not included in the P3,000.00 appeal
fee previously paid by them.
Despite the lapse of nine months from their counsel’s receipt of the said resolution, petitioners and their co-
defendants, however, failed to comply with the CA’s directive. Hence, the said court dismissed the appeal.
Initially, petitioners invoke the liberal application of technical rules and contend that the fact that only the amount
of P30.00 was not paid justifies relaxation of the same. Later in their Reply, however, petitioners concede that the
payment of docket fees is not a mere technicality. Nevertheless, they point out that while full payment of docket
fees is indispensable in the perfection of an appeal, the same admits of exceptions. Their case falls under one of
the exceptions, that is, in the name of substantial justice and fair play. According to petitioners, the dismissal of
their appeal for failure to pay P30.00 runs counter to substantial justice and fair play as the same would deprive
them of their right to justice and render ineffective the amount of P3,000.00, which despite being indigents, they
undertook to pay.
ISSUE:
Whether or not the CA gravely erred in dismissing the appeal filed by the petitioners for failure to remit the
meager amount of thirty pesos (P30.00).
RULING:
No. Payment of the full amount of appellate court docket and lawful fees is mandatory and jurisdictional;
Relaxation of the rule on payment of appeal fee is unwarranted in this case.
Here, petitioners concede that payment of the full amount of docket fees within the prescribed period is not a
mere technicality of law or procedure but a jurisdictional requirement. Nevertheless, they want the Court to relax
the application of the rule on the payment of the appeal fee in the name of substantial justice and equity.
The liberality which petitioners pray for has already been granted to them by the CA at the outset. It may be
recalled that while petitioners paid a substantial part of the docket fees, they still failed to pay the full amount
thereof since their payment was short of P30.00.Based on the premise that the questioned decision of the RTC
has already become final and executory due to non-perfection, the CA could have dismissed the appeal outright.
But owing to the fact that only the meager amount of P30.00 was lacking and considering that the CA may opt not
to proceed with the case until the docket fees are paid, it still required petitioners, even if it was already beyond
the reglementary period, to complete their payment of the appeal fee within 10 days from notice. Clearly, the CA
acted conformably, with the pronouncement made in Camposagrado, a case cited by petitioners, that "[a] party’s
failure to pay the appellate docket fee within the reglementary period confers only a discretionary and not a
mandatory power to dismiss the proposed appeal. Such discretionary power should be used in the exercise of the
court’s sound judgment in accordance with the tenets of justice and fair play with great deal of circumspection,
considering all attendant circumstances and must be exercised wisely and prudently, never capriciously, with a
view to substantial justice."
Suffice it to say that "concomitant to the liberal interpretation of the rules of procedure should be an effort on the
part of the party invoking liberality to adequately explain his failure to abide by the rules." Those who seek
exemption from the application of the rule have the burden of proving the existence of exceptionally meritorious
reason warranting such departure. Petitioners’ failure to advance any explanation as to why they failed to pay the
correct docket fees or to complete payment of the same within the period allowed by the CA is thus fatal to their
cause.

Alonzo Gipa vs. Southern Luzon Institute

Uploaded by

Copyright:

Available Formats

Alonzo Gipa vs. Southern Luzon Institute

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Alonzo Gipa vs. Southern Luzon Institute

Uploaded by

Copyright:

Available Formats

PAYMENT OF DOCKET FEES

G.R. No.177425 June 18, 2014

You might also like