This case has been cited 3 times or more.
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2015-10-14 |
BRION, J. |
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| However, although the petition before the CA was meritorious, the petitioner failed to pay the required docket fees and other legal fees. The payment of docket fees within the prescribed period is mandatory for the filing of a petition for certiorari.[11] The court acquires jurisdiction over the case only upon the payment of the prescribed docket fees. The payment of the full amount of the docket fee is a condition sine qua non for jurisdiction to rest. | |||||
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2015-10-05 |
BRION, J. |
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| Procedural rules are not to be belittled simply because their strict application would prejudice a party's substantive rights. Like all rules, they must be observed. They can only be relaxed for the most persuasive of reasons where a litigant's degree of noncompliance with the rules is severely disproportionate to the injustice he is bound to suffer as a consequence.[6] | |||||
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2015-07-20 |
PERALTA, J. |
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| Admittedly, this rule is not without recognized qualifications. The Court has declared that in appealed cases, failure to pay the appellate court docket fee within the prescribed period warrants only discretionary as opposed to automatic dismissal of the appeal and that the court shall exercise its power to dismiss in accordance with the tenets of justice and fair play, and with great deal of circumspection considering all attendant circumstances.[29] | |||||