Case Summary (G.R. No. 132264)
Background of the Case
In November 1990, the respondents filed a complaint for recovery of possession and damages against the petitioner in the Regional Trial Court (RTC) of Quezon City. The complaint stemmed from the petitioner's alleged failure to comply with the terms of a lease agreement, specifically his refusal to pay the monthly rentals. The RTC ruled in favor of the private respondents, ordering the petitioner to vacate the premises and compensate for use and attorney's fees.
Appeal Process and Notifications
On October 3, 1996, the petitioner filed a notice of appeal to the Court of Appeals. Subsequently, on April 25, 1997, the clerk of the Court of Appeals notified the petitioner’s counsel that docket fees must be paid within fifteen days, warning that non-compliance would result in the abandonment of the appeal. The petitioner failed to pay these fees within the stipulated timeframe, leading to a request from the respondents to dismiss his appeal.
Resolutions by the Court of Appeals
On July 17, 1997, the Court of Appeals issued a resolution declaring that the petitioner’s appeal could be deemed abandoned due to the failure to pay the required docket fees. The petitioner’s counsel requested reconsideration, citing excusable negligence due to changes in legal representation. He subsequently paid the required fees and submitted his brief on September 8, 1997. However, on September 24, 1997, the Court denied the motion for reconsideration and the request for an extension to file the brief.
Finality of the Resolutions
On October 16, 1997, the petitioner filed another motion, which was noted by the Court as a prohibited second motion for reconsideration. The resolution declaring the appeal abandoned became final and executory on November 6, 1997, with the Entry of Judgment made on December 16, 1997.
Legal Contentions
The petitioner contended that the Court of Appeals abused its discretion in dismissing his appeal, emphasizing that the resolution from July 17, 1997, did not categorically declare the appeal as abandoned. He argued for a liberal approach to procedural rules to achieve substantial justice.
Court's Analysis of Procedural Requirements
The Court found that the respondent Court of Appeals clearly articulated the dismissal of the appeal in its resolution. Furthermore, it noted that the payment
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Case Citation
- G.R. No. 132264
- Date of Resolution: October 08, 1998
- Deciding Division: First Division
Parties Involved
- Petitioner: Abraham Gegare
- Respondents:
- Hon. Court of Appeals (Former Special Twelfth Division)
- Hon. Presiding Judge, RTC, Br. 217, Quezon City
- Melencio and Sotera C. Lavares (Private Respondents)
Nature of the Case
- This case is a petition for certiorari under Rule 65 challenging several resolutions issued by the Court of Appeals concerning the dismissal of the petitioner's appeal due to non-payment of docket fees.
Procedural Background
- Initial Complaint: Filed by Melencio and Sotera C. Lavares against Abraham Gegare in November 1990, alleging failure to pay rent and demanding possession of the leased property.
- Trial Court Decision: The Regional Trial Court ruled in favor of the private respondents, ordering Gegare to vacate and pay damages and attorney's fees.
- Notice of Appeal: Gegare filed a notice of appeal on October 3, 1996, intending to appeal to the Court of Appeals.
Key Resolutions by the Court of Appeals
- Resolution dated July 17, 1997: Declared that Gegare's appeal could be considered abandoned due to failure to pay the required docket fee, in accordance with Section 1(d), Rule 50 of the Rules of Court.
- Resolution dated September 24, 1997: Denied the motion for reconsideration filed by Gegare along with a motion for extension of time to file his brief.
- Resolution dated October 16, 1997: Noted Gegare's moti