Title
Santos vs. Court of Appeals
Case
G.R. No. 114726
Decision Date
Feb 14, 1996
Municipality of Santa Cruz sued petitioners for unlawful detainer; appeal dismissed for unpaid fee. SC ruled fee non-prerequisite, reinstated appeal.
appeal fee
dismissal of appeal
opportunity to pay fee

Case Summary (G.R. No. 114726)

Factual Background

The Municipality of Sta. Cruz, Laguna, through its Mayor, filed an unlawful detainer complaint in the Municipal Trial Court against the petitioners, alleging ownership by the municipality of two parcels under specified tax declarations and asserting that petitioners had been permitted by tolerance to occupy the lots but had refused demands to vacate. The petitioners denied municipal ownership, asserted possession in the concept of owner for more than fifty years, questioned the trial court’s jurisdiction because the title was at issue, and alleged that they had instituted a quieting of title action in the Regional Trial Court.

Trial Court Proceedings

On June 24, 1993 the Municipal Trial Court ordered petitioners to vacate the lots and directed each to pay the plaintiff rentals at the rate of P500.00 per month from the time the complaint was filed until they vacated. Petitioners filed a notice of appeal and a supersedeas bond. Pursuant to the Interim Rules, the MTC ordered transmission of the original records, transcripts, and exhibits to the Regional Trial Court.

Appeal to the Regional Trial Court and Dismissal

The Regional Trial Court, Branch 27, dismissed petitioners’ appeal on September 15, 1993 for failure to pay the corresponding appeal fee. Petitioners’ motion for reconsideration was denied on October 27, 1993. The dismissal by the RTC formed the basis for petitioners’ subsequent certiorari relief.

Petition for Certiorari to the Court of Appeals

Petitioners filed a petition for certiorari with the Court of Appeals on November 25, 1993, alleging grave abuse of discretion by the Regional Trial Court in dismissing their appeal for failure to pay the appeal fee. The Court of Appeals issued the assailed Decision on March 8, 1994 dismissing the petition and thereby affirming the RTC’s dismissal.

Petition to the Supreme Court

Petitioners sought review by the Supreme Court by certiorari from the Court of Appeals Decision. The Supreme Court gave due course to the petition, noted the respondent municipality’s comment and motion for early resolution, and after transfer to the Third Division, assigned the case for decision. The principal question presented was whether failure to pay the appeal fee automatically caused dismissal of an appeal taken from the municipal trial court to the regional trial court.

The Parties’ Contentions

Petitioners contended that the amendments to Rule 141, Revised Rules of Court made effective November 2, 1990 did not require payment of an appeal fee for appeals from the municipal trial court to the regional trial court. The municipality maintained that Rule 141, Section 8, expressly imposed an appeal fee of P150.00 for appeals in all actions from metropolitan and municipal trial courts and that the appellate court lacked jurisdiction to proceed without the fee.

Legal Issue Addressed

The Court framed the controlling issue as whether non-payment of the appellate docket fee automatically mandated dismissal of an appeal from a municipal trial court to the regional trial court, or whether dismissal remained a discretionary sanction for the appellate court to impose.

Ruling of the Supreme Court

The Supreme Court granted the petition, reversed and set aside the Decision of the Court of Appeals, and directed the Regional Trial Court to reinstate petitioners’ appeal in Civil Case No. SC-3129 upon proof of payment of the appeal fee. The Court ordered that the appeal fee be paid within ten days from the finality of the Supreme Court Decision.

Legal Basis and Reasoning

The Court observed that Section 8, Rule 141 imposed an appeal fee of P150.00 for appeals from metropolitan and municipal trial courts but did not specify the time for payment. The Court then examined the Interim Rules and Guidelines implementing B.P. Blg. 129 and noted that Section 20 provided that, where no record on appeal was required, the only requirement for taking an appeal from metropolitan and municipal trial courts to the regional trial courts was the filing of a notice of appeal, and that the appeal was deemed perfected upon the expiration of the last day to appeal. Section 21 of the Interim Rules prescribed the post-perfection procedure but did not mention payment of appellate docket fees. Applying these provisions, the Court concluded that under the Interim Rules the payment of the appeal fee was not a prerequisite to the perfection of the appeal. The Court further relied upon its prior decisions, notably Fontanar vs. Bonsubre and the earlier line of cases beginning with NAWASA vs. Secretary of Public Works and Communications, to hold that the failure to pay appellate docket fees did not automatically result in dismissal but conferred a discretionary power upon the appellate court to dismiss the appeal or refuse to proceed until the fees were paid. The Court reaffirmed that this discretion must be exerc

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