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LA SALETTE COLLEGE v. VICTOR C. PILOTIN

This case has been cited 8 times or more.

	GR No. 174982 2012-09-10	JOSE VICENTE ATILANO II v. JUDGE TIBING A. ASAALI PERLAS-BERNABE, J.
However, these same rules may be relaxed, for persuasive and weighty reasons, to relieve a litigant of an injustice commensurate with his failure to comply with procedure.[11] Thus, in La Salette College v. Pilotin,[12] the Court explained: Notwithstanding the mandatory nature of the requirement of payment of appellate docket fees, we also recognize that its strict application is qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances.
	GR No. 172574 2009-07-31	NOLI LIM v. ANGELITO DELOS SANTOS NOW HIS HEIRS PUNO, C.J.
It is a well-established rule that the payment of docket fees within the prescribed period is mandatory for the perfection of an appeal.[18] Without such payment, the appellate court does not acquire jurisdiction over the subject matter of the action and the decision or final order sought to be appealed from becomes final and executory.[19] The payment of docket fees is not a mere technicality of law or procedure, but an essential requirement for the perfection of an appeal.[20]
	GR Nos. 154211-12 2009-06-22	SPS. ERNESTO F. CURATA AND LOURDES M. CURATA v. PHILIPPINE PORTS AUTHORITY VELASCO JR., J.
La Salette College v. Pilotin teaches that the otherwise mandatory nature of the requirement on payment of appellate docket fees is to be viewed as qualified, as follows: "first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances."[98]
	GR NO. 170632 2007-07-10	EUGENIA D. POLIDO v. CA CARPIO MORALES, J.
Notwithstanding the mandatory nature of the requirement of payment of appellate docket fees, we also recognize that its strict application is qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances.[24]
	GR NO. 154284 2006-10-27	BIBIANA FARMS v. NLRC AUSTRIA-MARTINEZ, J.
In several cases, however, the Court entertained certain exceptions due to the peculiar circumstances attendant in these cases, which warrant a relaxation of the rules on payment of docket fees. It was held in La Salette College v. Pilotin,[19] that the strict application of the rule may be qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances.[20]
	GR NO. 163022 2005-02-28	MEATMASTERS INTERNATIONAL CORPORATION v. LELIS INTEGRATED DEVELOPMENT CORPORATION YNARES-SANTIAGO, J.
We recognize that certain peculiar circumstances attendant in a case may warrant the relaxation of the strict application of the rules on the payment of docket fees. Thus, in La Salette College v. Pilotin,[13] we held that the said rules may be qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances. Our pronouncements on the matter is always influenced by the peculiar legal and equitable surroundings of each case. While the Rules of Procedure must be faithfully followed, same Rules may be relaxed for persuasive and weighty reasons to relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure.[14]
	GR NO. 148739 2004-11-19	FAR CORPORATION v. RENATO MAGDALUYO CHICO-NAZARIO, J.
Rules of Procedure must be faithfully followed. But the rules may be relaxed, for persuasive and weighty reasons, to relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure.[39] In the case of La Salette College v. Victor Pilotin,[40] we held:Notwithstanding the mandatory nature of the requirement of payment of appellate docket fees, we also recognize that its strict application is qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances.
	GR No. 138031 2004-05-27	ANTONIO NAVARRO v. METROPOLITAN BANK CALLEJO, SR., J.
Our ruling in this case is not antithetical to our ruling in La Salette College v. Victor Pilotin,[28] viz:Notwithstanding the mandatory nature of the requirement of payment of appellate docket fees, we also recognize that its strict application is qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances.