Reyes vs. People
2001, Reyes threatened the life of Gegato thru telephone, which
acts cast fear and danger upon the life of the Gegato. Reyes was charged with
Grave Threats before the MCTC. MCTC found Reyes guilty. RTC denied Reyes's
appeal but found him guilty beyond of Light Threats under Article 285, par. 2
of the Revised Penal Code, instead of Grave Threats as originally adjudged by
the MCTC. CA dismissed for failure to pay the full amount of the docket fees.
Issue: WON the CA erred in favoring procedural technicalities over
his constitutional right to due process.
Held: The rule is that payment in full of the
docket fees within the prescribed period is mandatory. In Manchester, it
was held that a court acquires jurisdiction over any case only upon the payment
of the prescribed docket fee. In Sun Insurance v. Asuncion, wherein the Court
decreed that where the initiatory pleading is not accompanied by the payment of
the docket fee, the court may allow payment of the fee within a reasonable period
of time, but in no case beyond the applicable prescriptive or reglementary
period. This ruling was made on the premise that the plaintiff had demonstrated
his willingness to abide by the rules by paying the additional docket fees
required. Thus, in United Overseas Bank v. Ros, the Court explained that
where the party does not deliberately intend to defraud the court in payment of
docket fees, and manifests its willingness to abide by the rules by paying
additional docket fees when required by the court, the liberal doctrine enunciated
in Sun Insurance Office, Ltd., and not the strict regulations set in
Manchester, will apply.
The CA, in its discretion, may grant of any extensions for the
filing of the petition is discretionary and subject to the condition that the
full amount of the docket and lawful fees are paid before the expiration of the
reglementary period to file the petition. CA clearly explained its denial of Reyes’
motion for extension. CA is affirmed.
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