Case Digest (G.R. No. 139596)
Facts:
Petitioner Charles Cu-Unjieng offered to purchase a 218,769 sqm parcel owned by Union Bank of the Philippines in April 1994, tendering PHP 103,915.27 as earnest money; UBP rejected the offer citing CARP restrictions. Petitioner sued for specific performance and damages in the Regional Trial Court, Malolos (filed February 6, 1997); the RTC dismissed the complaint on September 1, 1998 but ordered refund of the earnest money with interest; petitioner timely filed a notice of appeal but failed to pay appellate docket fees within the reglementary period and the Court of Appeals dismissed the appeal (May 10, 1999) and denied reconsideration (July 30, 1999), prompting this petition.
Issues:
- Did the Court of Appeals err in dismissing petitioner’s appeal for nonpayment of docket and other lawful fees within the reglementary period?
- Should equitable considerations or alleged clerk error excuse petitioner’s failure to pay fees and permit the appeal to proceed?
Ruling:
The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ resolutions dismissing the appeal and denying reconsideration. The RTC decision of September 1, 1998 became final and executory; costs were imposed on petitioner.
Ratio:
The Court held that payment of appellate docket and other lawful fees within the period for taking an appeal is mandatory and jurisdictional under Rule 41, Section 4, 1997 Rules of Civil Procedure, and failure to comply is a ground for dismissal under Section 1(c), Rule 50. While rules may be relaxed for substantial justice, such relief requires persuasive reasons; a four‑month delay in payment — unlike the short delay in Mactan Cebu International Airport Authority vs. Mangubat — was not excusable, so the CA correctly dismissed the appeal.
Doctrine:
- Rule 41, Section 4, 1997 Rules of Civil Procedure requires full payment of appellate docket and other lawful fees within the period for taking an appeal.
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