Case Digest (G.R. No. 237591)
Facts:
Subic Bay Metropolitan Authority v. Subic Bay Marine Exploratorium, Inc., G.R. No. 237591, November 10, 2021, Second Division, Gaerlan, J., writing for the Court.Petitioner Subic Bay Metropolitan Authority (SBMA) is the government entity created by R.A. No. 7227 to develop and administer the Subic Bay Freeport Zone (SBFZ); respondent Subic Bay Marine Exploratorium, Inc. (SBMEI) is one of SBMA’s locators and lessees within the SBFZ. SBMA adopted a Common User Service Area (CUSA) fee by Board Resolution No. 12-04-4348 (as amended by No. 12-08-4505) to recoup costs of municipal services (security, fire protection, street cleaning, street lighting); it publicized the policy, conducted hearings, and implemented the fee relying in part on Administrative Order No. 31 (Oct. 1, 2012) issued by the Office of the President authorizing agencies to rationalize and impose fees.
On December 18, 2012, SBMEI filed a complaint seeking annulment of the CUSA fee and injunctive relief. The Regional Trial Court (RTC), Branch 74, Olongapo City, rendered judgment on January 5, 2015 annulling the SBMA Board Resolutions insofar as SBMEI was concerned and permanently enjoining SBMA from collecting the CUSA fee from SBMEI. SBMA’s motion for reconsideration (filed February 17, 2015) was denied by the RTC Order dated August 26, 2015.
Service and filing events followed: on September 2, 2015 an RTC court personnel handed the August 26, 2015 Order to Atty. Anna Reyes (a member of SBMA’s Legal Department though not the handling counsel); the envelope was stamped received on September 3, 2015, opened that date by a newly hired clerk, and due to internal mishandling the handling counsel did not receive the order until later. SBMA filed its Notice of Appeal on September 18, 2015—one day beyond the 15-day reglementary period under Batas Pambansa Blg. 129 and Section 3, Rule 41 of the Rules of Court.
The RTC, by Order dated October 7, 2015, denied SBMA’s Notice of Appeal for being filed late and, after SBMA’s motion for reconsideration, issued an Order dated December 22, 2015 denying reconsideration. SBMA then filed a petition for certiorari with urgent prayer for injunctive relief before the Court of Appeals (CA) challenging the RTC’s denial of due course to the late Notice of Appeal. In a Decision dated August 14, 2017 (CA-G.R. SP No. 144234), penned by Associate Justice Renato C. Francisco, the CA dismissed SBMA’s petition and affirmed the RTC Orders; SBMA’s motion for reconsideration in the CA was denied by Resolution dated February 13, 2018.
SBMA elevated the case to the Supreme Court by a petition for review on certiorari under Rule 45 seeking reversal of the CA Decision (Aug. 14, 2017) and Resolution (Feb. 13, 2018) so that the RTC would be directed to give due course to its Notice of Appeal and elevate the record to the CA. SBMA argued the late filing resulted from an honest, good-faith mistake arising from a newly hired clerk and a handling lawyer’s belief as to receipt da...(Subscriber-Only)
Issues:
- Should SBMA’s Notice of Appeal filed one day late be given due course (i.e., should the Court relax the reglementary period and allow the belated appeal)?
- If so, do the equities, public interest and merits of the underlying controversy justify relaxing the procedural...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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