The Supreme Court ruled that the Court of Appeals correctly dismissed the petitioner's appeal for non-payment of docket fees, as payment of such fees is mandatory and jurisdictional for perfecting an appeal. The petitioner sought to purchase land from Union Bank of the Philippines, but the bank rejected the offer. The trial court dismissed the petitioner's case for lack of a perfected contract. The Court of Appeals also dismissed the subsequent appeal due to the petitioner's failure to pay appeal fees on time. The Supreme Court affirmed this decision, noting that appeal is a statutory privilege requiring strict compliance with procedural rules.
The Supreme Court ruled that the Court of Appeals correctly dismissed the petitioner's appeal for non-payment of docket fees, as payment of such fees is mandatory and jurisdictional for perfecting an appeal. The petitioner sought to purchase land from Union Bank of the Philippines, but the bank rejected the offer. The trial court dismissed the petitioner's case for lack of a perfected contract. The Court of Appeals also dismissed the subsequent appeal due to the petitioner's failure to pay appeal fees on time. The Supreme Court affirmed this decision, noting that appeal is a statutory privilege requiring strict compliance with procedural rules.
The Supreme Court ruled that the Court of Appeals correctly dismissed the petitioner's appeal for non-payment of docket fees, as payment of such fees is mandatory and jurisdictional for perfecting an appeal. The petitioner sought to purchase land from Union Bank of the Philippines, but the bank rejected the offer. The trial court dismissed the petitioner's case for lack of a perfected contract. The Court of Appeals also dismissed the subsequent appeal due to the petitioner's failure to pay appeal fees on time. The Supreme Court affirmed this decision, noting that appeal is a statutory privilege requiring strict compliance with procedural rules.
The Supreme Court ruled that the Court of Appeals correctly dismissed the petitioner's appeal for non-payment of docket fees, as payment of such fees is mandatory and jurisdictional for perfecting an appeal. The petitioner sought to purchase land from Union Bank of the Philippines, but the bank rejected the offer. The trial court dismissed the petitioner's case for lack of a perfected contract. The Court of Appeals also dismissed the subsequent appeal due to the petitioner's failure to pay appeal fees on time. The Supreme Court affirmed this decision, noting that appeal is a statutory privilege requiring strict compliance with procedural rules.
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Cu-unjieng vs CA
GR No. 139596 (2006)
DOCTRINE: Right to appeal is merely statutory and a party seeking to avail of that right must comply with the statute or rules.
FACTS: Petitioner Cu-unjieng sought to acquire a parcel of agricultural land owned by Union Bank of the Philippines. He offered to purchase it at a lesser amount and issued a check as an earnest money or deposit which UBP acknowledged through a receipt. Petitioner wrote a follow up inquiring about the status of his offer to buy the subject land and he was told that the bank was still waiting for the opinion of the legal division regarding the sale of CARPable agricultural assets acquired by the bank. However, UBP rejected the petitioner’s offer stating the need of DAR approval. This prompted the petitioner to file a complaint of action of specific performance and damages against UBP. The trial court noting that there was no perfected contract of sale, dismissed the petitioner’s complaint for lack of cause of action. Petitioner filed its appeal but CA dismissed it for non-payment of the required docket and other lawful appeal fees and stressed the payment of the full amount of docket fee is an indispensable step for the perfection of an appeal. Hence this petition, petitioner seeks relaxation of the procedural rules and reversal of the resolution. ISSUE: WON the CA is correct is stating that the payment of the full amount of docket fee is an indispensable step for the perfection of an appeal. RULING: Yes. Sec 4 of Rule 41 of the 1997 Rule of Civil Procedure specifically provides the need to comply with the payment of appellate court docket and other lawful fees. Well-settled is the rule that payment of the docket and other legal fees within the prescribed period is both mandatory and jurisdictional, noncompliance with which is fatal to an appeal. For, to stress, appeal is not a matter of right, but a mere statutory privilege. Time and again, this Court has consistently held that full payment of docket fees within the prescribed period is mandatory for the perfection of an appeal. Without such payment, the appeal is not perfected and the appellate court does not acquire jurisdiction to entertain the appeal, thereby rendering the decision sought to be appealed final and executory. Here, the the payment of the appellate docket fees was belatedly made four (4) months after the lapse of the period for appeal, it appears clear to us that the CA did not acquire jurisdiction over petitioner’s appeal except to order its dismissal. We must emphasize that invocation of substantial justice is not a magical incantation that will automatically compel this Court to suspend procedural rules. Rules of procedure are not to be belittled or dismissed simply because their non-observance may have resulted in prejudice to a party’s substantive rights.
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