GR 149227; (December, 2003) (Digest)
G.R. No. 149227 ; December 11, 2003
LA SALETTE COLLEGE, Represented by Its President, FR. ROMEO GONZALES, MS; and JESUS T. BAYAUA, Dean of Student Services, petitioners, vs. VICTOR C. PILOTIN, respondent.
FACTS
Respondent Victor C. Pilotin, a student of petitioner La Salette College, was denied re-enrollment for the second semester of school year 1993-1994. He filed a complaint for damages. The Regional Trial Court (RTC) rendered a decision in favor of Pilotin on November 17, 1998. Petitioners received the adverse decision on November 26, 1998, and on the same date, they filed a Notice of Appeal, which the RTC approved on December 2, 1998. However, petitioners failed to pay the corresponding appellate court docket fees at that time.
The Court of Appeals (CA) initially dismissed the appeal on November 29, 1999, due to non-payment of docket fees. Upon petitioners’ motion, the CA reinstated the appeal on March 14, 2000, citing substantial justice and noting the subsequent payment. Respondent moved for reconsideration. Upon re-examination, the CA reversed itself in a Resolution dated November 16, 2000, and definitively dismissed the appeal because the docket fees were paid only on October 25, 2000, or one year and eleven months after the filing of the notice of appeal.
ISSUE
Whether the Court of Appeals correctly dismissed the appeal for petitioners’ failure to pay the appellate docket fees within the reglementary period.
RULING
Yes, the Court of Appeals correctly dismissed the appeal. The Supreme Court affirmed the CA’s dismissal, holding that the perfection of an appeal within the reglementary period is mandatory and jurisdictional. Under Rule 41 of the Rules of Court, an appeal to the CA from an RTC decision is taken by filing a notice of appeal and paying the requisite docket and other lawful fees within fifteen (15) days from notice of the judgment. The Court emphasized that the payment of docket fees is not a mere technicality but a vital requirement to defray court expenses and is essential to confer jurisdiction upon the appellate court.
The Court rejected petitioners’ arguments, including their claim of good faith and reliance on the trial court’s approval of the notice of appeal. The act of filing the notice of appeal alone is insufficient; the concomitant payment of fees is indispensable. The reglementary period for perfecting the appeal expired on December 11, 1998. The payment made nearly two years later was grossly out of time. The Court found no compelling reason to relax the rules, as petitioners failed to demonstrate any special circumstance or persuasive justification for their prolonged delay. Consequently, the failure to perfect the appeal rendered the RTC decision final and executory, and the CA was deprived of jurisdiction to entertain the appeal. The petition was denied.