Case Digest: EUGENIA D. POLIDO v. HON. COURT OF APPEALS, et al.

EUGENIA D. POLIDO v. HON. COURT OF APPEALS, et al.

G.R. No. 170632, July 10, 2007, SECOND DIVISION

After the death of her husband, Julian Polido, petitioner Eugenia D. Polido (Polido) sought to withdraw money from the joint savings deposit she and her husband maintained with the Philippine National Bank (PNB). Petitioner Polido, however, failed to make the said withdrawal as private respondent, Mariano Gasat (Gasat), who claimed to be the couple‘s adopted child, objected thereto.

Petitioner Polido then filed a complaint before the Regional Trial Court (RTC) a motion for the issuance of a preliminary injunction against Gasat. In his answer with compulsory counterclaim, he alleged that he is an adopted child of the couple. Gasat subsequently filed an Omnibus Motion withdrawing the allegation he had made that he is an adopted son of the couple. He moved to convert the case to an action for partition of the estate of his grandfather, Narciso Polido. To Gasat‘s prayer to convert the action to one for partition, Polido filed an Opposition. And she moved for Judgment on the Pleadings.

The trial court denied Gasat‘s motion to convert the case to an action for partition and granted Polido‘s motion for judgment on the pleadings. On appeal, the Court of Appeals (CA) dismissed his appeal for failure to pay the required docket fee on time. However, on motion for reconsideration, the CA admitted Gasat‘s docket fee.

ISSUE:

Whether or not the rule on non-payment of docket fees may be relaxed to allow a belated payment thereof

HELD:

Indeed, jurisprudence allows the relaxation of the Rule on non-payment of appellate docket fees. Notwithstanding the mandatory nature of the requirement of payment of appellate docket fees, the Court also recognizes that its strict application is qualified by the following: first, failure to pay those fees within the reglementary period allows only discretionary, not automatic, dismissal; second, such power should be used by the court in conjunction with its exercise of sound discretion in accordance with the tenets of justice and fair play, as well as with a great deal of circumspection in consideration of all attendant circumstances.

The relaxation by the appellate court of the rule on non-payment of the appellate docket fee appears justified as a perusal of the records of the case shows persuasive and weighty reasons to give due course to the appeal.