Case Summary (G.R. No. 143976)
Petitioner and Respondent Roles
Petitioners sued NHA and its contractor for forcible entry and ejectment in the MTC of San Jose del Monte, Bulacan. NHA appealed the MTC decision ordering it to vacate and pay damages. RTC Branch 79 and Branch 11 issued conflicting rulings, prompting review.
Key Dates
– February 1, 2000: MTC Decision orders NHA to vacate, pay rent at ₱10/sqm/month, attorney’s fees, litigation expenses and costs.
– February 24, 2000: NHA files Notice of Appeal but fails to pay docket fees within 15 days.
– May 23 & May 30, 2000: MTC issues Order and Writ of Execution.
– July 19, 2000: RTC Branch 79 annuls MTC orders and writ.
– October 23, 2000: RTC Branch 11 modifies MTC decision by deleting rental award.
Applicable Law
– 1987 Constitution provisions on social justice and state obligation to provide housing.
– PD No. 757 (NHA charter) and RA No. 7279 (Urban Development and Housing Act).
– 1997 Rules of Civil Procedure, particularly Rule 40 (appeals from MTC to RTC) and Rule 70 (supersedeas bonds).
– Rule 141, Section 21 (legal fees).
Facts of the Case
The disputed land formed part of NHA’s Bagong Silang Resettlement Project, developed under contract with Triad Construction. Petitioners claimed title and exclusive possession to a portion awarded to Triad and resisted NHA’s entry. MTC found for petitioners, ordered ejectment, rent and indemnity. NHA perfected appeal but omitted timely payment of appellate docket fees and supersedeas bond.
Procedural History
Upon NHA’s failure to pay fees and bond, petitioners moved for immediate execution. MTC issued writ of execution and garnishment. NHA petitioned RTC for certiorari, which Branch 79 granted, holding that appeal was perfected upon timely notice and that NHA, as government corporation performing governmental functions, was exempt from fees and bond. Branch 11 later affirmed the ejectment and indemnities but deleted rental award for lack of evidence.
Issues Presented
- Whether NHA’s failure to pay appellate docket fees within 15 days invalidated its appeal.
- Whether NHA is exempt from posting a supersedeas bond to stay execution.
- Whether deletion of rental award by RTC conforms to law and jurisprudence.
Payment of Appellate Docket Fees
The Court held that under Rule 40 and Rule 41 of the 1997 Rules, perfection of an appeal from MTC to RTC occurs upon filing the notice of appeal within 15 days. Nonpayment of docket fees is directory, not mandatory, and does not automatically dismiss the appeal. The appellate court may, in its discretion, dismiss for nonpayment, but the MTC had already lost jurisdiction upon perfection of appeal by notice.
Supersedeas Bond Requirement
As a government-owned corporation exercising governmental functions, NHA is presumed solvent and exempt from filing supersedeas bonds under Section 19, Rule 70. Requiring a bond would
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Facts of the Case
- Petitioners Spouses Oscar and Haydee Badillo filed a forcible entry and ejectment case (Civil Case No. 263-94) in the MTC of San Jose del Monte, Bulacan, against Triad Construction & Development Corporation and the NHA over a parcel in the Bagong Silang Resettlement Project.
- The MTC, in a February 1, 2000 Decision, ordered NHA to vacate the land, restore possession to petitioners, pay rent at ₱10/m²/month, and shoulder attorney’s fees, litigation expenses, and costs.
- NHA appealed on February 24, 2000 but failed to pay appellate docket fees within 15 days. Petitioners moved for immediate issuance of writ of execution, claiming the decision had become final.
- On May 23, 2000, the MTC issued an order authorizing a writ of execution for petitioners; the writ was issued on May 30, 2000, and garnishment was effected but the bank refused to release funds.
- NHA moved to set aside the writ and garnishment (June 9, 2000); the MTC denied this on June 23, 2000.
- NHA paid docket fees on June 29, 2000 (four months late) and filed a petition for certiorari, prohibition, mandamus and injunction with the RTC of Malolos, which issued a TRO and assigned the case to Branch 79.
Procedural History
- Two separate petitions under Rule 45 (G.R. Nos. 143976 and 145846) were filed to annul:
- the MTC’s May 23, 2000 Order and May 30, 2000 Writ of Execution (Branch 79, RTC).
- the MTC’s February 1, 2000 Decision as modified by Branch 11’s October 23, 2000 Decision.
- On July 19, 2000, RTC Branch 79 annulled the MTC’s orders, finding NHA had perfected its appeal despite late fee payment.
- On October 23, 2000, RTC Branch 11 affirmed eviction and damages but deleted the rent award.
- The Supreme Court consolidated both petitions on October 17, 2001; NHA’s sub