Facts:

The case involves Noli Alfonso and Erlinda Fundialan (petitioners) against Spouses Henry Andres and Liwanag Andres (respondents). The original dispute arose from a complaint for accion publiciana filed by the spouses Andres against the petitioners, which was docketed as Civil Case No. 1182 at the Regional Trial Court of San Mateo, Rizal. The trial court ruled against the petitioners on July 15, 1997, and a copy of the decision was served to them on the same date. On July 17, 1997, petitioners filed a Notice of Appeal without legal representation and without payment of the required docket and lawful fees. The RTC granted this notice on July 21, 1997. Subsequently, on August 25, 1997, the spouses Andres filed a motion to dismiss the appeal due to the failure to pay these fees per Section 1(c), Rule 50 of the 1997 Rules of Civil Procedure. On October 9, 1997, after considering the motion, the trial court denied the motion to dismiss but instructed the petitioners to pay the necessa

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Facts:

Background of the Original Case

• The original complaint was an accion publiciana with a claim for damages filed by spouses Henry Andres and Natividad Liwanag-Andres against Noli Alfonso and Erlinda Fundialan.
• The complaint was docketed as Civil Case No. 1182 before the Regional Trial Court (RTC) of San Mateo, Rizal.
• The RTC rendered a decision against petitioners (Noli Alfonso and Erlinda Fundialan) in favor of the spouses Andres.

Notice of Appeal and Initial Procedural Steps

• On July 15, 1997, a copy of the RTC’s decision was served upon the petitioners.
• On July 17, 1997, petitioners filed a Notice of Appeal without the assistance of counsel and without paying the docket and other lawful fees.
• The RTC on July 21, 1997, granted the notice of appeal despite the apparent technical deficiency concerning the payment of fees.
• On August 25, 1997, respondents (spouses Andres) filed a motion to dismiss the appeal, invoking Section 1(c), Rule 50 of the 1997 Rules of Civil Procedure.

Trial Court’s Intervention and Payment of Fees

• On October 9, 1997, the trial court dismissed the motion to dismiss and directed petitioners to cure the technical defect by paying the required docket and other lawful fees.
• Petitioners complied by paying the fees immediately on October 9, 1997, as evidenced by official receipts from the RTC.
• The receipts detailed payments for appeal fees and legal research fees, amounting to a total of P420.00.

Elevation to the Court of Appeals and Subsequent Proceedings

• Respondents elevated the case to the Court of Appeals.
• The appellate court, after reviewing the records — including the proofs of fee payments — resolved to dismiss the appeal based on information from the Judicial Records Division (JRD) indicating failure to pay the docket fees (specifically citing Section 1(c), Rule 50 in relation to Section 4, Rule 41 of the 1997 Rules of Civil Procedure).
• On April 12, 1999, petitioners filed a Motion for Reconsideration of the CA resolution.
• On August 9, 1999, the Court of Appeals denied the motion for reconsideration, holding that compliance with the formal requirements for filing an appeal must be strictly observed, regardless of any later cure of the defect.

Petitioner’s Arguments and the Questions Presented

• Petitioners contended that the non-payment of fees was an unintentional technical oversight, especially given that they filed the notice of appeal without counsel and shortly after the effectivity of the new rules.
• They argued that the RTC’s order directing the immediate payment of fees should cure the defect and that substantial justice should prevail over a rigid application of the rules.
• The sole issue was framed as whether the strict construction of Section 1(c), Rule 50 of the 1997 Rules, requiring payment of docket and other lawful fees within the appeal period, was correct.

Issue:

Whether the payment of docket and other lawful fees within the period for perfecting an appeal is a mandatory requirement.

• The question centers on the interpretation of Sections 1(c), Rule 50 and Section 4, Rule 41 of the 1997 Rules of Civil Procedure.
• It examines if non-payment even if cured by court order, can still be a fatal defect affecting the jurisdiction of the appellate court.

Whether petitioners have shown sufficient reason or provided an excusable explanation that would justify a relaxation of the mandatory requirement on the payment of appellate docket and other lawful fees.

• Consideration is given to the impact of the recent effectivity of the new rules.
• The unassisted filing of the notice of appeal and the quick compliance with the remedial order by paying the fees are also issues for determining if strict compliance may be relaxed in the interests of justice.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)