Title
Lazaro vs. Court of Appeals
Case
G.R. No. 137761
Decision Date
Apr 6, 2000
The Supreme Court affirms that timely payment of docket fees is mandatory for jurisdiction, leading to the dismissal of the appeal due to non-compliance.
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Case Digest (G.R. No. 137761)

Facts:

  • Gabriel Lazaro and the heirs of Florencia Pineda and Eva Viernes filed a petition for certiorari against the Court of Appeals and spouses Jose and Anita Alesna.
  • The private respondents, Jose and Anita Alesna, initiated a civil action for annulment of title, reconveyance, and damages in the Regional Trial Court (RTC) of Bayombong, Nueva Vizcaya, Branch 27.
  • The RTC ruled in favor of the petitioners.
  • The private respondents filed a Notice of Appeal on December 19, 1997, but did not pay the required docket fees on time.
  • The Court of Appeals dismissed the appeal on June 17, 1998, due to the failure to pay the fees.
  • A motion for reconsideration was filed by the private respondents, which the CA granted on July 31, 1998, reinstating the appeal without specific reasons.
  • The petitioners filed their own motion for reconsideration, which was denied on December 28, 1998.
  • The petitioners then elevated the matter to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court granted the petition, setting aside the Court of Appeals' resolutions dated July 31, 1998, and December 28, 1998.
  • The decision of the Regional ...(Unlock)

Ratio:

  • The Supreme Court highlighted that the payment of docket and other lawful fees within the prescribed period is mandatory and jurisdictional, as per Section 4 of Rule 41 of the 1997 Rules on Civil Procedure.
  • The private respondents failed to pay the required fees within the reglementary period, doing so six months after filing their Notice of Appeal.
  • The Court reiterated that the right to appeal is statutory, and adherence to procedural rules is ...continue reading

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