Gipa vs Southern Luzon Institute

Gipa vs Southern Luzon Institute 726 SCRA

Facts:

On February 26, 1996, respondent Southern Luzon Institute (SLI), an educational institution in Bulan, Sorsoon, !iled a "o #plaint !or $eco%ery o! O&nership and 'ossession &ith a#aes aainst petitioners lonzo *ipa, I#elda +arollano, uanito Ludo%ice, e#ar Bitancor, -irilio *o.it, Felipe +ontalban and !our others na#ely, rturo $oacion, -irilio *racela, $ose#arie l%arez and $osita +ontalban ($osita)/ urin trial, de!endant $osita e0ecuted a Special 'o&er o! ttorney in !a%or o! her sister aisy +/ 'lacer ('lacer) authorizin the latter to represent her in the case and to sin any and all papers in relation thereto/ Findin SLI to ha%e pro%en its o&nership o! the property by preponderance o! e%idence, the $" rendered a ecision in its !a%or on anuary , 233/ 'etitioners and their co4de!endants !iled a 5otice o! ppeal &hich &as ranted by the $" in its Order o! anuary 2, 233/ he ", ho&e%er, dis#issed the appeal in its $esolution o! uust 26, 233 since it &as not sho&n that the appellate court doc7et !ees and other la&!ul !ees &ere paid/ 'etitioners and their co4de!endants pro#ptly !iled a +otion !or $econsideration to &hich they attached a "erti!ication !ro# the $" that they paid the appeal !ee in the a#ount o! ₱8,333/33 under O!!icial $eceipt 5o/ 1391183 dated anuary 2, 233/ In %ie& o! this, the " ranted the said #otion and conse:uently reinstated the appeal throuh a $esolution dated 5o%e#ber 2, 233/ Subse:uently, ho&e%er, the " !urther re:uired petitioners and their code!endants, throuh a +inute $esolution dated +arch 1, 2336, to re#it &ithin ten days !ro# notice the a#ount o! ₱83/33 !or leal research !und, &hich apparently &as not included in the ₱8,333/33 appeal !ee pre%iously paid by the#/ "opy o! the said resolution &as recei%ed on +arch 18,2336 by petitioners; counsel, tty/ ose */ *o.ar o! the 'ublic ttorney;s O!!ice/ espite the lap se o! nine #onths !ro# their counsel;s receipt o! the said resolution, petitioners and their co4de!endants, ho&e%er, !ailed to co#ply &ith the ";s directi%e/ $ela0ation o! the rule o n pay#ent o! appeal !ee is un&arranted in this case/ Section ?, $ule ?1 o! the $ules o! "ourt pro%ides@ Sec/ ?/ ppellate court doc7et and other la&!ul !ees/ A =ithin the period !or ta7in an appeal, the appellant shall p ay to the cler7 o! court &hich rendered the .ud#ent or !inal order appealed !ro#, the !ull a#ount o! the appellate court doc7et and other la&!ul !ees/ 'roo! o! pay#ent o! said !ees shall be trans#itted to the appellate court toether &ith the oriinal record or the record on appeal/ In Far "orporation %/ +adaluyo, as &ith other subse:uent cases o! the sa#e rulin, the "ourt e0plained that the procedural re:uire#ent under Section ? o! $ule ?1 is not #erely directory, as the pay#ent o! the doc7et and other leal !ees &ithin the prescribed period is both #andatory and .urisdictional/ It bears stressin that an appeal is not a riht, but a #ere statutory pri%ilee/ he re:uire#ent o! payin the !ull a#ount o! the appellate doc7et !ees &ithin the prescribed period is not a #ere technicality o! la& or procedure/ he pay#ent o! doc7et !ees &ithin the prescribed period is #andatory !or the per!ection o! an appeal/ =ithout such pay#ent, the appeal is not per!ected/ he appellate court does not ac:uire .urisdiction o%er the sub.ect

#atter o! the action and the ecision souht to be appealed !ro# beco#es !inal and e0ecutory/ Further, under Section 1 (c), $ule 3, an appeal #ay be dis#issed by the ", on its o&n #otion or on that o! the appellee, on the round o! the non4pay#ent o! the doc7et and other la&!ul !ees &ithin the rele#entary period as pro%ided under Section ? o! $ule ?1/ he pay#ent o! the !ull a#ount o! the doc7et !ee is an indispensable step !or the per!ection o! an appeal/ In both oriinal and appellate cases, the court ac:uires .urisdiction o%er the case only upon the pay#ent o! the prescribed doc7et !ees/ 'etitioners; !ailure to ad%ance any e0planation as to &hy they !ailed to pay the correct doc7et !ees or to co#plete pay#ent o! the sa#e &ithin the period allo&ed by the " is thus !atal to their cause/