This case has been cited 2 times or more.
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2015-07-20 |
PERALTA, J. |
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| The rule is that payment in full of the docket fees within the prescribed period is mandatory.[24] In Manchester v. Court of Appeals,[25] it was held that a court acquires jurisdiction over any case only upon the payment of the prescribed docket fee. The strict application of this rule was, however, relaxed two (2) years after in the case of Sun Insurance Office, Ltd. v. Asuncion,[26] wherein the Court decreed that where the initiatory pleading is not accompanied by the payment of the docket fee, the court may allow payment of the fee within a reasonable period of time, but in no case beyond the applicable prescriptive or reglementary period. This ruling was made on the premise that the plaintiff had demonstrated his willingness to abide by the rules by paying the additional docket fees required.[27] Thus, in the more recent case of United Overseas Bank v. Ros,[28] the Court explained that where the party does not deliberately intend to defraud the court in payment of docket fees, and manifests its willingness to abide by the rules by paying additional docket fees when required by the court, the liberal doctrine enunciated in Sun Insurance Office, Ltd., and not the strict regulations set in Manchester, will apply. | |||||
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2013-10-14 |
REYES, J. |
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| Normally, the Court would remand the case to the CA for proper disposition of the petitioners' appeal. Considering, however, that a remand would further delay Civil Case No. 5877 which is yet to reach the trial stage, the Court will resolve the issue of whether the RTC committed a reversible error in dismissing the same on ground of prescription without touching on the substantial merits of the case.[22] | |||||