This case has been cited 2 times or more.
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2009-07-23 |
PERALTA, J. |
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| It is a rule that within the period for taking an appeal, the appellant shall pay the full amount of the appellate court's docket and other lawful fees.[42] In the absence of such payment, the trial court may, motu proprio or on motion, dismiss the appeal for non-payment of the docket fees and other lawful fees within the reglementary period.[43] Since petitioner failed to pay the docket fees and other lawful fees within the reglementary period, it is apparent that the dismissal of the appeal by the trial court was in order. In Fil-Estate Properties, Inc. v. Homena-Valencia,[44] this Court upheld the dismissal of an appeal or notice of appeal for failure to pay the full docket fees within the period for taking the appeal. The payment of docket fees within the prescribed period is mandatory for the perfection of the 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. In the present case, petitioner failed to offer any explanation for the belated payment of the required fees. | |||||
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2009-06-22 |
VELASCO JR., J. |
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| In the recent case Fil-Estate Properties, Inc. v. Homena-Valencia,[95] we reiterated our consistent ruling that the payment of the appellate docket fees is mandatory for the perfection of an appeal and held that the above-quoted Sec. 13 of Rule 41, as amended in 2000, gives the additional ground for the dismissal of an appeal on the nonpayment of the required appellate docket fees, which gave force to the ground provided under the above-quoted Secs. 4 and 9 of Rule 41. | |||||