G.R. Nos. 79937-38 February 13, 1989
Facts:
Petitioner
Sun Insurance (or SIOL) files a complaint for the annulment of a decision on
the consignation of fire insurance policy. Subsequently, the Private Respondent
(PR) files a complaint for the refund of premiums and the issuance of a writ of
preliminary attachment in a civil case against SIOL. In addition, PR also
claims for damages, attorney’s fees, litigation costs, etc., however, the
prayer did not state the amount of damages sought although from the body of the
complaint it can be inferred to be in amount of P 50 million. Hence, PR
originally paid only PhP 210.00 in docket fees.The complaint underwent a number
of amendments to make way for subsequent re-assessments of the amount of
damages sought as well as the corresponding docket fees. The respondent
demonstrated his willingness to abide by the rules by paying the additional
docket fees as required.
Issue: Did the Court acquire jurisdiction over the
case even if private respondent did not pay the correct or sufficient docket
fees?
YES.
It
was held that it is not simply the filing of the complaint or appropriate
initiatory pleading, but the payment of the prescribed docket fee, that vests a
trial court with jurisdiction over the subject matter or nature of the action.
Where the filing of the initiatory pleading is not accompanied by payment of
the docket fee, the court may allow payment of the fee within a reasonable time
but in no case beyond the applicable prescriptive or reglamentary period. Same
rule goes for permissive counterclaims, third party claims and similar
pleadings.
In
herein case, obviously, there was the intent on the part of PR to defraud the
government of the docket fee due not only in the filing of the original
complaint but also in the filing of the second amended complaint. However, a
more liberal interpretation of the rules is called for considering that, unlike
in Manchester, the
private respondent demonstrated his willingness to abide by the rules by paying
the additional docket fees as required.
Where
a trial court acquires jurisdiction in like manner, but subsequently, the
judgment awards a claim not specified in the pleading, or if specified the same
has been left for determination by the court, the additional filing fee shall
constitute a lien on the judgment. It shall be the responsibility of the Clerk
of Court or his duly authorized deputy to enforce said lien and assess and
collect the additional fee.
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