This case has been cited 1 times or more.
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2009-09-15 |
VELASCO JR., J. |
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| The OSG argues that the instant petition is bereft of merit, since the Comelec did not gravely abuse its discretion in dismissing Batalla's appeal. The Comelec cannot be faulted for issuing the assailed orders, applying the clear provisions of the Comelec Rules of Procedure, specifically Sec. 9(a) of Rule 22. Moreover, the OSG reasons out that Batalla's late payment of the additional appeal fee to the Comelec is fatal, since his appeal was never perfected. The mere filing of a notice of appeal is not enough, for the timely payment of the full appeal fee is an essential requirement for the perfection of an appeal, based on Rodillas v. Comelec.[21] And finally, the OSG cites Loyola v. Commission on Election[22] and other cases,[23] which consistently emphasized that non-payment of filing fees in election cases is no longer excusable. | |||||