G.R. No. 177425 - Gipa vs. Southern Luzon Institute

Southern Luzon Institute (SLI) filed a Complaint for Recovery of Ownership and Possession with Damages on February 26, 1996 against Alonzo Gipa, Imelda Marollano, Juanito Ludovice, Demar Bitangcor, Virgilio Gojit, Felipe Montalban and others, alleging ownership of a 7,516-square meter parcel covered by Original Certificate of Title No. P-28928 and seeking ejectment, turnover of possession, compensatory damages, attorneys' fees and costs.
Defendants asserted informal occupation since as early as 1950, denied SLI's possession, alleged SLI procured title through fraud and bad faith, and filed a counterclaim praying declaration of lawful possession, nullification of OCT No. P-28928, moral damages and litigation expenses.
Defendant Rosita Montalban executed a Special Power of Attorney in favor of her sister Daisy M. Placer authorizing representation and signing of papers in the case.

The Regional Trial Court (RTC), Branch 65, Sorsogon City, issued a Decision on January 5, 2005 finding SLI proved ownership by preponderance of evidence, giving weight to SLI's Miscellaneous Sales Application (MSA), the NHA Supervising Draftsman's testimony and NHA survey.
The RTC rejected defendants' documentary evidence as self-serving and noted prior denials of Revocable Permit Applications due to inclusion in SLI's MSA.
The RTC ordered: (a) declaration of SLI as absolute owner of Lot 4705 (7,516 sq.m.) covered by Katibayan ng Orihinal na Titulo Blg. P-28928; (b) defendants to vacate, relinquish portions occupied and demolish houses at their own expense; (c) joint attorneys' fees of Php10,000.00; and (d) payment of costs.

Petitioners filed a Notice of Appeal; the RTC granted the appeal in its Order of January 27, 2005.
The Court of Appeals (CA) initially dismissed the appeal in its Resolution of August 26, 2005 for failure to show payment of appellate docket and other lawful fees pursuant to Sec. 4, Rule 41 and Sec. 1(c), Rule 50, Rules of Court.
Petitioners filed a Motion for Reconsideration attaching an RTC Certification and Official Receipt evidencing payment of P3,000.00 on January 25, 2005; the CA granted the motion and reinstated the appeal by Resolution dated November 2, 2005.
By Minute Resolution dated March 1, 2006 the CA required remittance within ten days of an additional P30.00 for legal research fund allegedly not included in the P3,000.00; counsel Atty. Jose G. Gojar (Public Attorneys Office) received notice March 13, 2006.
Petitioners failed to...(Subscriber-Only)

WHETHER THE COURT OF APPEALS GRAVELY ERRED IN DISMISSING THE APPEAL FILED BY THE PETITIONERS FOR FAILURE TO REMIT THE MEAGER AMOUNT OF THIRTY PESOS (P30.00) AFTER HAVING ADVANCED A SUBSTANTIAL PORTION OF THE DOCKET FEES.

Whether Daisy M. Placer had legal personality to be a petitioner although she was not a party in the RTC proceedings.
Whether the CA's exercise of leniency in initially reinstating the appeal and later requiring remittance of P30.00 exhausted the CA's discretion.
Whether the doctrine of liberality/substantial justice warranted relaxation of the jurisdictional require...(Subscriber-Only)