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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

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    G.R. No. 140858   November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 140858. November 27, 2001.]

    Spouses PAPA and LOLITA MANALILI, Petitioners, v. Spouses ARSENIO and GLICERIA DE LEON, Respondents.

    D E C I S I O N


    PANGANIBAN, J.:


    Appeal is not a constitutional right but a mere statutory privilege. It must be exercised strictly in accordance with the provisions of the law and rules. Specifically, the payment of docket fees within the period for perfecting an appeal is mandatory. In the present case, petitioners have not given sufficient reason why they should be exempt from this stringent rule.chanrob1es virtua1 1aw 1ibrary

    Statement of the Case

    Before us is a Petition for Review under Rule 45 1 of the Rules of Court, praying that the two Resolutions promulgated by the Court of Appeals 2 (CA) on August 10, 1999 and November 17, 1999 in CA-GR CV No. 62180 be set aside. The above Resolutions disposed as follows:chanrob1es virtual 1aw library

    August 10, 1999 Resolution

    "Considering the report of the Branch Clerk of Court of the Regional Trial Court, Las Piñas (Branch 254) that there are no official receipts evidencing payment of appellants[’] docket fee in Civil Case No. LP-97-0271 entitled Spouses Papa and Lolita Manalili, plaintiffs v. Spouses Arsenio and Gliceria de Leon, defendants; the initial appeal is hereby DISMISSED for failure to pay the docket and other lawful fees to the Clerk of said court within the period for taking an appeal as required by Rule 50, Sec. 1[c]. . ." 3

    November 17, 1999 Resolution

    "Having perused appellant’s motion for reconsideration and finding that no satisfactory reasons have been adduced for their failure to pay the docket fees, the Court resolved to DENY the motion. Payment in full of docket fees within the prescribed period is mandatory and non-compliance therewith may cause the dismissal of the appeal pursuant to Sec. 1(c), Rule 50 of 1997 Rules of Civil Procedure. . ." 4

    The Facts


    The undisputed antecedents were summarized by the trial court 5 in this wise:jgc:chanrobles.com.ph

    "Evidence disclosed that herein plaintiffs [petitioners in the present case] mortgaged their residential house and lot situated at No. 19 Aguirre Avenue, Phase 5, Pilar Village, Las Piñas City covered by Transfer Certificate of Title No. T-40309 of the Registry of Deeds of Las Piñas City to a lending institution owned by Mr. Rey Camua for PHP945,000.00. Unable to redeem said mortgage on its maturity date, herein plaintiffs, foreseeing that they would not qualify for a million-peso bank loan, approached and sought the help of their friends and business associates, herein defendants to secure in their behalf a loan using herein subject property as collateral, from China Banking Corporation, the defendants [respondents in the present case] being depositors and clients in good standing of the said bank. As agreed upon by herein parties, for a lower capital gains tax, a Deed of Sale for a consideration of PHP250,000.00 dated 10 July 1996 was executed by herein plaintiffs over herein subject property in favor of herein defendants for and only [for the] purpose to facilitate the transfer of title over herein subject property with China Banking Corporation for PHP1.4 million in the name of herein defendants. Thus, Transfer Certificate of Title No. T-55745 by the Registry of Deeds of Las Piñas City in the mane of herein defendants.chanrob1es virtua1 1aw 1ibrary

    "To place everything safely in any eventuality, herein parties agreed and privately entered into an ‘AGREEMENT’ dated 10 July 1996, setting forth and stipulating therein, to wit:chanrob1es virtual 1aw library

    ‘f) That the SECOND PARTY has no interest whatsoever in acquiring the property being sold by the FIRST PARTY, it being understood further that the only purpose of the Deed of Sale of the property executed by the FIRST PARTY in favor of the SECOND PARTY is to secure a much higher loan from the Bank of the SECOND PARTY and in order that the FIRST PARTY shall now be able to settle the obligation of the FIRST PARTY to the SECOND PARTY, and that the aforesaid Deed of Sale shall become null and void and without full force and effect should the FIRST PARTY have fully complied with the terms and conditions stipulated in this Agreement[;] however, in the event the FIRST PARTY failed to pay the six (6) consecutive monthly payments, the Deed of Sale over the property executed between the FIRST PARTY and the SECOND PARTY shall be honored and binding upon the said parties;’

    "Also agreed upon, another unauthorized Deed of Sale also dated 10 July 1996 for PHP1.4 million over herein subjected property was executed by herein plaintiffs in favor of herein defendants.chanrob1es virtua1 1aw 1ibrary

    "While awaiting approval and release of the bank loan, herein plaintiffs requested and received from herein defendants cash-advances totalling PHP246,542.00.

    "Evidence adduced, further established that herein plaintiffs were able to pay only the first monthly installment of the bank loan defaulting thereafter in the succeeding installments. As a consequence thereof, the bank debited each monthly installment of PHP25,000.00 due against herein defendants[’] bank account with the same bank for six consecutive monthly installments. Naturally, constrained by this development, herein defendants decided to enforce their AGREEMENT with plaintiffs via an ejectment suit now pending in another forum, to which suit herein plaintiffs retaliated by filing this instant case." 6

    After trial on the merits, the trial court dismissed the Complaint. This prompted petitioners to file a Notice of Appeal on February 4, 1999. As already stated, the CA dismissed the appeal because of nonpayment of the appellate docket fees.

    Hence, this Petition. 7

    Issues


    In their Memorandum, 8 petitioners raise the following issues for our consideration:chanrob1es virtual 1aw library

    "I


    Whether or not the Honorable Court of Appeals ERRED in outrightly dismissing the Appeal of the Petitioners and in DENYING Petitioner’s Motion for Reconsideration despite the fact that the non-payment of the appellate court docket fee was unintentional and was due to inadvertence; andchanrob1es virtua1 1aw 1ibrary

    "II


    Whether or not the Honorable Court of Appeals ERRED in disregarding and without giving due regard and consideration to existing jurisprudence and rulings of the Honorable Supreme Court reducing the stringency by relaxing [some way] somehow the strict application of the rules on the payment of docket fees." 9

    The Court’s Ruling


    The Petition is devoid of merit.

    First Issue:chanrob1es virtual 1aw library

    Nonpayment of Docket Fees

    Petitioners contend that the Court of Appeals should not have outrightly dismissed their appeal because the nonpayment of the appellate docket fees was due to inadvertence. To demonstrate their good faith and willingness to pay, they even paid double the amount, as evidenced by Money Order Nos. 3795488 and 3795489.

    We are not convinced. Time and time again, this Court has consistently held that the "payment of docket fees within the prescribed period is mandatory for the perfection of an appeal. Without such payment, the appellate court does not acquire jurisdiction over the subject matter of the action and the decision sought to be appealed from becomes final and executory." 10

    Appeal is not a right, but a mere statutory privilege. Corollary to this principle is that the appeal must be exercised strictly in accordance with provisions set by law. Rule 41 of the Rules of Court provides that an appeal to the CA from a case decided by the regional trial court in the exercise of the latter’s original jurisdiction shall be taken within fifteen (15) days from the notice of judgment or final order appealed from. Such appeal is made by filing a notice thereof with the court that rendered the judgment or final order and by serving a copy of that notice upon the adverse party. Furthermore, within this same period, appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees. The payment of docket fees within this period is mandatory for the perfection of the appeal. Otherwise, the appellate court would not be able to act on the subject matter of the action, and the decision sought to be appealed from becomes final and executory. 11

    In short, the payment of the appellate docket fee is not a mere technicality of law or procedure. It is an essential requirement, without which the decision or final order appealed from would become final and executory as if no appeal was files at all.

    Second Issue:chanrob1es virtual 1aw library

    Relaxation of the Rule on Nonpayment of Docket Fees

    Admitting their inadvertence, petitioners point out, however, that the Court has relaxed, in certain instances, the stringent application of the rule on the payment of appellate docket fees.

    We are not persuaded. True, "the strict application of the jurisdictional nature of the above rule on payment of appellate docket fees may be mitigated under exceptional circumstances to better serve the interest of justice." 12

    In the present case, petitioners have not presented any sufficient or satisfactory reason to warrant an exception from the mandatory rule on the payment of appellate docket fees. Their late payment will not charge the fact that the trial court Decision, which they wanted the appellate court to review, has already become final and executory.

    The explanation given by petitioners’ counsel for the late payment, which was almost 10-months 13 after the reglementary period to perfect an appeal, was that his clients, being laymen, failed to follow his specific instructions to personally file the Notice of Appeal and pay the appellate docket fees to the clerk of court. Such inadvertence is not a compelling reason for us to relax the strict requirement for the timely payment of appellate docket fees. Besides, counsel, cannot be excused for this lapse by simply passing the blame, as it were, to his clients. It is his responsibility to see to it that the stringent requirements for an appeal are complied with.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the Petition is hereby, DENIED and the assailed Decision and Resolution AFFIRMED. Costs against petitioners.

    SO ORDERED.

    Melo, Vitug, Sandoval-Gutierrez and Carpio, JJ., concur.

    Endnotes:



    1. Rollo, pp. 8-14. The Petition was signed by Atty. Gregorio D. Caneda Jr., counsel for the petitioners.

    2. Eleventh Division. Both Resolution were written by J. Portia Aliño-Hormachuelos and concurred in by JJ Buenaventura J. Guerrero (Division chairman) and Remedios A. Salazar-Fernando (member).

    3. Resolution dated August 10, 1999; rollo, pp. 18-19.

    4. Resolution dated November 17, 1999; rollo, p. 21.

    5 Penned by Judge Manuel B. Fernandez Jr. of the Regional Trial Court, National Capital Region, Branch 254, Las Piñas City.

    6. Trial Court Decision, pp. 2-4; rollo, pp. 33-35.

    7. This case was deemed submitted for resolution on August 10, 2000, upon receipt by this Court of petitioners’ Memorandum signed by Atty. Gregorio D. Caneda Jr. Respondents’ Memorandum, signed by Atty. Pablito G. Baluyut, was received by this Court on August 8, 2000.

    8. Rollo, pp. 69-78.

    9. Memorandum for petitioner, p. 6; rollo, p. 74.

    10. Yambao v. Court of Appeals, GR No. 140894, November 27, 2000, per Gonzaga-Reyes, J.

    11. Supra.

    12. Ayala Land, Inc. v. Sps. Morris Carpo and Socorro Carpo, GR. No. 140162, November 22, 2000, per Mendoza, J.

    13. December 13, 1999; Comment, p. 2; rollo, p. 51.

    G.R. No. 140858   November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON


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