This case has been cited 4 times or more.
|
2011-08-31 |
BERSAMIN, J. |
||||
| The prevailing rule is that if the correct amount of docket fees are not paid at the time of filing, the trial court still acquires jurisdiction upon full payment of the fees within a reasonable time as the court may grant, barring prescription.[27] The "prescriptive period" that bars the payment of the docket fees refers to the period in which a specific action must be filed, so that in every case the docket fees must be paid before the lapse of the prescriptive period, as provided in the applicable laws, particularly Chapter 3, Title V, Book III, of the Civil Code, the principal law on prescription of actions.[28] | |||||
|
2011-02-15 |
CARPIO MORALES, J. |
||||
| A decision rendered by a Division of this Court in violation of this constitutional provision would be in excess of jurisdiction and, therefore, invalid.[15] Any entry of judgment may thus be said to be "inefficacious"[16] since the decision is void for being unconstitutional. | |||||
|
2006-07-31 |
AUSTRIA-MARTINEZ, J. |
||||
| Thus, the owner of the land on which anything has been built, sown or planted in good faith shall have the right to appropriate as his own the building, planting or sowing, after payment to the builder, planter or sower of the necessary and useful expenses, and in the proper case, expenses for pure luxury or mere pleasure. The owner of the land may also oblige the builder, planter or sower to purchase and pay the price of the land. If the owner chooses to sell his land, the builder, planter or sower must purchase the land, otherwise the owner may remove the improvements thereon. The builder, planter or sower, however, is not obliged to purchase the land if its value is considerably more than the building, planting or sowing. In such case, the builder, planter or sower must pay rent to the owner of the land. If the parties cannot come to terms over the conditions of the lease, the court must fix the terms thereof. The right to choose between appropriating the improvement or selling the land on which the improvement stands to the builder, planter or sower, is given to the owner of the land.[68] | |||||
|
2006-05-05 |
CORONA, J. |
||||
| Indeed, a court acquires jurisdiction over the claim of damages upon payment of the correct docket fees.[21] In this case, it is not disputed that respondent paid docket fees based on the amounts prayed for in its complaint. Respondent adduced evidence to prove its losses. It was proper for the CA and the RTC to consider this evidence and award the sum of P1,000,000. Had the courts below awarded a sum more than P1,000,000, which was the amount prayed for, an additional filing fee would have been assessed and imposed as a lien on the judgment.[22] However, the courts limited their award to the amount prayed for. | |||||