Gochan v Gochan Digest

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Respondents were stockholders of the Felix Gochan and Sons Realty Corporation and the Mactan Realty Development Corporation Respondents offered to sell their  shares in the two corporations to the individ!al petitioners in consideration of the s!m of "#$$% "#$$%$$$ $$$%$$ %$$$:$ $:$$ $ "etit "etitio ione ners rs acce accepte pted d and and paid paid the the said said amo!n amo!ntt to respondents Respondents% Respondents% thro!&h Crispo Gochan% Gochan% 'r% 'r% re(!ired individ!al individ!al petitioners petitioners to exec!te a )promissory note The former drafted the promissory note in his own handwritin& and had the same si&ned *y the petitio petitioners ners +n*ekn +n*eknown own to petitio petitioner ners% s% Crispo Crispo Gochan% 'r inserted inserted in the )promissory )promissory note) a phrase that says% )Said amo!nt is in partial consideration of the sale) , Respondents filed a complaint a&ainst petitioners for specific specific performance performance and and damages alle&in& that the petitioners that offered to *!y their shares of stock%in consideration consideration of "#$$M and m!ltiple properties properties Accordin&ly% Accordin&ly% respondents respondents claimed that they are entitled to the conveyance of the properties% in addition to the amo!nt of "#$$%$$$%$$$$$% which they acknowled&e to have received from petitioners pl!s dama&es "etitioners "etitioners filed their answer% raisin& raisin& the followin& affirmative defences one of which is the lack of -!risdiction *y the trial co!rt for non.payment of the correct docket fees/ Tria Triall co!rt co!rt r!led r!led in favor favor of the defen defenda dants nts 0t cited cited that that respon responde dents nts paid paid the the necessary filin& and docket fees of at least "1,23 MR denied "etition for certiorari with CA dismissed MR denied 4ence this petition

0SS+5: 1 Did the respond respondent ent filed and paid paid the necessary necessary docket docket fees to warrant warrant co!rt6s co!rt6s  -!risdiction7  -!risdiction7 # 8hat is the the real real nat!r nat!re e of the case7 case7 9 8hat sho!ld sho!ld *e the the *asis for the assessmen assessmentt of the correct correct docket docket fees7 fees7 45D: 1 ;< # Real Real action action not not spec specific ific perform performance ance

9 Assessed val!e of the property% or the estimated val!e The r!le is well.settled that the co!rt ac(!ires -!risdiction over any case only !pon the payment of the prescri*ed docket fees 0n the case of Sun Insurance Office, Ltd. (SIOL) v. Asuncion%1# this Co!rt held that it is not simply the filin& of the complaint or  appropriate initiatory pleadin&% *!t the payment of the prescri*ed docket fee that vests a trial co!rt with -!risdiction over the s!*-ect matter or nat!re of the action "etitioners% that the complaint is in the nat!re of a real action which affects title to real properties/ hence% respondents sho!ld have alle&ed therein the val!e of the real properties which shall *e the *asis for the assessment of the correct docket fees 0t is necessary to determine the tr!e nat!re of the complaint in order to resolve the iss!e of whether or not respondents paid the correct amo!nt of docket fees therefor 0n this  -!risdiction% the dict!m adhered to is that the nat!re of an action is determined *y the alle&ations in the *ody of the pleadin& or complaint itself% rather than *y its title or  headin& The caption of the complaint *elow was denominated as one for )specific performance and dama&es) The relief so!&ht% however% is the conveyance or transfer  of real property% or !ltimately% the exec!tion of deeds of conveyance in their favor of the real properties en!merated in the provisional memorand!m of a&reement +nder these circ!mstances% the case *elow was act!ally a real action% affectin& as it does title to or  possession of real property Real action is one where the plaintiff seeks the recovery of real property or% as indicated in section #=a> of R!le ? =now Section 1% R!le ? of the 1@@ R!les of Civil "roced!re>% a real action is an action affectin& title to or recovery of possession of real property 0n the case at *ar% therefore% the complaint filed with the trial co!rt was in the nat!re of a real action% altho!&h ostensi*ly denominated as one for specific performance Conse(!ently% the *asis for determinin& the correct docket fees shall *e the assessed val!e of the property% or the estimated val!e thereof as alle&ed *y the claimant 8e are not !nmindf!l of o!r prono!ncement in the case of Sun Insurance% to the effect that in case the filin& of the initiatory pleadin& is not accompanied *y payment of the docket fee% the co!rt may allow payment of the fee within a reasona*le time *!t in no case *eyond the applica*le prescriptive period 4owever% the li*eral interpretation of the r!les relatin& to the payment of docket fees as applied in the case of Sun Insurance cannot apply to the instant case as respondents have never demonstrated any willin&ness to a*ide *y the r!les and to pay the correct docket fees 0nstead% respondents have st!**ornly insisted that the case they filed was one for specific

performance and dama&es and that they act!ally paid the correct docket fees therefor  at the time of the filin& of the complaint ;