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WILLIAM P. CHAN v. CA AND SPS. MARIO GERONIMO AND GREGORIA GERONIMO

This case has been cited 2 times or more.

2015-11-23
LEONEN, J.
Through this Petition for Review, the Asset Privatization Trust[1] challenges the Decision of the Court of Appeals denying it relief.[2] The Court of Appeals reversed the Decision of the Regional Trial Court of Makati City and held that the subject funds are private funds and can be garnished.[3]
2004-07-21
DAVIDE JR., J.
The general rule is that the payment of docket fees within the prescribed period is mandatory for the perfection of an appeal.[15] The ruling is based on Section 4, Rule 41 of the 1997 Rules of Civil Procedure, which states: Sec. 4.  Appellate court docket and other lawful fees. Within the period for taking an appeal, the appellant shall pay to the clerk of court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees.  Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal. Under the 1997 Rules of Civil Procedure, a notice of appeal must be filed within the 15-day reglementary period reckoned from receipt of the decision or order appealed from; the docket and other lawful fees must also be paid within the same period.  Such docket fees shall be paid with the clerk of the court which rendered the judgment or decision appealed from.  The place of payment is not optional but a mandatory requirement for the appellant.[16]