This case has been cited 6 times or more.
|
2014-09-29 |
PERALTA, J. |
||||
| Also, while it has been stressed that payment of docket and other fees within the prescribed period is mandatory for the perfection of the appeal and that such payment is not a mere technicality of law or procedure,[34] the Court, in exceptional circumstances,[35] has allowed a liberal application of the Rules when the payments of the required docket fees were delayed only for a few days. Indeed, late payment of docket fees may be admitted when the party showed willingness to abide by the rules through immediate payment of the required fees.[36] | |||||
|
2010-08-03 |
BRION, J. |
||||
| The rulings in these cases have been consistently reiterated in subsequent cases: Guevarra v. Court of Appeals,[34] Pedrosa v. Spouses Hill,[35] Gegare v. Court of Appeals,[36] Lazaro v. Court of Appeals,[37] Sps. Manalili v. Sps. de Leon,[38] La Salette College v. Pilotin,[39] Saint Louis University v. Spouses Cordero,[40] M.A. Santander Construction, Inc. v. Villanueva,[41] Far Corporation v. Magdaluyo,[42] Meatmasters Int'l. Corp. v. Lelis Integrated Dev't. Corp.,[43] Tamayo v. Tamayo, Jr.,[44] Enriquez v. Enriquez,[45] KLT Fruits, Inc. v. WSR Fruits, Inc.,[46] Tan v. Link,[47] Ilusorio v. Ilusorio-Yap,[48] and most recently in Tabigue v. International Copra Export Corporation (INTERCO),[49] and continues to be the controlling doctrine. | |||||
|
2009-07-31 |
PUNO, C.J. |
||||
| Indeed, petitioner's motion was appropriately not acted upon, it having been filed after the expiration of the period sought to be extended. Also, while petitioner filed his appeal memorandum on November 14, 2003, it took him more than two months from November 2, 2003, to pay the appeal fee as records show that petitioner was able to pay only on January 7, 2004. The reason advanced by petitioner for the late payment, that he opted to wait for his appeal memorandum which was filed through mail, to reach the Office of the President before paying the appeal fee, is flimsy and is not sufficient to justify the relaxation of the rules. In the case of KLT Fruits, Inc. v. WSR Fruits, Inc.,[22] this Court has denied the appeal when the docket fee was filed more than 30 days after the period to appeal had expired.[23] | |||||
|
2008-12-10 |
CHICO-NAZARIO, J. |
||||
| In all, what emerges from all of the above is that the rules of procedure in the matter of paying the docket fees must be followed. However, there are exceptions to the stringent requirement as to call for a relaxation of the application of the rules, such as: (1) most persuasive and weighty reasons; (2) to relieve a litigant from an injustice not commensurate with his failure to comply with the prescribed procedure; (3) good faith of the defaulting party by immediately paying within a reasonable time from the time of the default; (4) the existence of special or compelling circumstances; (5) the merits of the case; (6) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (7) a lack of any showing that the review sought is merely frivolous and dilatory; (8) the other party will not be unjustly prejudiced thereby; (9) fraud, accident, mistake or excusable negligence without appellant's fault; (10) peculiar legal and equitable circumstances attendant to each case; (11) in the name of substantial justice and fair play; (12) importance of the issues involved; and (13) exercise of sound discretion by the judge guided by all the attendant circumstances. Concomitant to a liberal interpretation of the rules of procedure should be an effort on the part of the party invoking liberality to adequately explain his failure to abide by the rules. Anyone seeking exemption from the application of the Rule has the burden of proving that exceptionally meritorious instances exist which warrant such departure.[39] | |||||
|
2008-10-08 |
CARPIO MORALES, J. |
||||
| The phrase "in the interest of substantial justice" is not, of course, a magic wand that would automatically compel the suspension of procedural rules.[27] But exigencies and situations might occasionally demand flexibility in their application. Considering the circumstances attendant to the present case which are reflected above, substantial justice can be best served if both parties are given the full opportunity to ventilate their respective claims in a full-blown trial. | |||||
|
2008-03-28 |
CHICO-NAZARIO, J. |
||||
| In all, what emerges from all of the above is that the rules of procedure in the matter of paying the docket fees must be followed. However, there are exceptions to the stringent requirement as to call for a relaxation of the application of the rules, such as: (1) most persuasive and weighty reasons; (2) to relieve a litigant from an injustice not commensurate with his failure to comply with the prescribed procedure; (3) good faith of the defaulting party by immediately paying within a reasonable time from the time of the default; (4) the existence of special or compelling circumstances; (5) the merits of the case; (6) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (7) a lack of any showing that the review sought is merely frivolous and dilatory; (8) the other party will not be unjustly prejudiced thereby; (9) fraud, accident, mistake or excusable negligence without appellant's fault; (10) peculiar legal and equitable circumstances attendant to each case; (11) in the name of substantial justice and fair play; (12) importance of the issues involved; and (13) exercise of sound discretion by the judge guided by all the attendant circumstances. Concomitant to a liberal interpretation of the rules of procedure should be an effort on the part of the party invoking liberality to adequately explain his failure to abide by the rules. Anyone seeking exemption from the application of the Rule has the burden of proving that exceptionally meritorious instances exist which warrant such departure.[19] | |||||