This case has been cited 3 times or more.
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2011-06-22 |
PEREZ, J. |
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| In De Leon v. Court of Appeals, [8] this Court had, of course, ruled that a case for rescission or annulment of contract is not susceptible of pecuniary estimation although it may eventually result in the recovery of real property. Taking into consideration the allegations and the nature of the relief sought in the complaint in the subsequent case of Serrano v. Delica, [9] however, this Court determined the existence of a real action and ordered the payment of the appropriate docket fees for a complaint for cancellation of sale which prayed for both permanent and preliminary injunction aimed at the restoration of possession of the land in litigation is a real action. In discounting the apparent conflict in said rulings, the Court went on to rule as follows in Ruby Shelter Builders and Realty Development Corporation v. Hon. Pablo C, Formaran, [10] to wit: The Court x x x does not perceive a contradiction between Serrano and the Spouses De Leon. The Court calls attention to the following statement in Spouses De Leon: "A review of the jurisprudence of this Court indicates that in determining whether an action is one the subject matter of which is not capable of pecuniary estimation, this Court has adopted the criterion of first ascertaining the nature of the principal action or remedy sought." Necessarily, the determination must be done on a case-to-case basis, depending on the facts and circumstances of each. What petitioner conveniently ignores is that in Spouses De Leon, the action therein that private respondents instituted before the RTC was "solely for annulment or rescission" of the contract of sale over a real property. There appeared to be no transfer of title or possession to the adverse party x x x. (Underscoring Supplied) | |||||
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2011-03-09 |
PEREZ, J. |
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| Although an action for resolution and/or the nullification of a contract, like an action for specific performance, fall squarely into the category of actions where the subject matter is considered incapable of pecuniary estimation,[69] we find that the causes of action for resolution and/or nullification of the DAC was erroneously isolated by the CA from the other causes of action alleged in R-II Builders' original complaint and Amended and Supplemental Complaint which prayed for the conveyance and/or transfer of possession of the Asset Pool. In Gochan v. Gochan,[70] this Court held that an action for specific performance would still be considered a real action where it seeks the conveyance or transfer of real property, or ultimately, the execution of deeds of conveyance of real property. More to the point is the case of Ruby Shelter Builders and Realty Development Corporation v. Hon. Pablo C. Formaran III[71] where, despite the annulment of contracts sought in the complaint, this Court upheld the directive to pay additional docket fees corresponding to a real action in the following wise, to wit: x x x [I]n Siapno v. Manalo, the Court disregarded the title/denomination of therein plaintiff Manalo's amended petition as one for Mandamus with Revocation of Title and Damages; and adjudged the same to be a real action, the filing fees for which should have been computed based on the assessed value of the subject property or, if there was none, the estimated value thereof. The Court expounded in Siapno that: | |||||
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2010-08-03 |
BRION, J. |
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| Appeal is not a natural right but a mere statutory privilege, thus, appeal must be made strictly in accordance with the provision set by law.[25] Rule 43 of the Rules of Court provides that appeals from the judgment of the VA shall be taken to the CA, by filing a petition for review within fifteen (15) days from the receipt of the notice of judgment.[26] Furthermore, upon the filing of the petition, the petitioner shall pay to the CA clerk of court the docketing and other lawful fees;[27] non-compliance with the procedural requirements shall be a sufficient ground for the petition's dismissal.[28] Thus, payment in full of docket fees within the prescribed period is not only mandatory, but also jurisdictional.[29] It is an essential requirement, without which, the decision appealed from would become final and executory as if no appeal has been filed.[30] | |||||