GR 136121; (August, 1999) (Digest)
G.R. No. 136121, August 16, 1999
MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), petitioner, vs. FRANCISCA CUIZON MANGUBAT, WENCESLAWA CUIZON YCONG, BERNARDO CUIZON, LUCILA CUIZON MENGUITO and SANTAS CUIZON REMELETTE, respondents.
FACTS
The Regional Trial Court (RTC) of Lapu-lapu City rendered a judgment on June 13, 1997, in favor of the respondents (plaintiffs), quieting their title over a lot and ordering petitioner MCIAA (defendant) to restore possession or pay its value. The Solicitor-General, as counsel for MCIAA, received a copy of the decision on June 30, 1997. A notice of appeal was filed on July 14, 1997, within the reglementary period, but without payment of the docket fees as required by the new 1997 Rules of Civil Procedure, which had taken effect on July 1, 1997. The docket fees were paid six days later, on July 20, 1997, after the Solicitor-General realized the new requirement. The respondents filed a motion to deny due course to the notice of appeal for late payment. The RTC dismissed the appeal on August 4, 1997, and denied reconsideration on October 28, 1997. The Solicitor-General filed a petition for certiorari with the Court of Appeals, which upheld the RTC’s dismissal. Hence, this petition for review.
ISSUE
Whether the Court of Appeals erred in upholding the dismissal of the appeal for late payment of docket fees under the 1997 Rules of Civil Procedure.
RULING
The Supreme Court granted the petition. The delay in paying the docket fees was excusable. The Solicitor-General filed the notice of appeal only fourteen (14) days after the effectivity of the new rules, and the omission was due to inadvertence, not a dilatory tactic. Payment was made immediately upon realization of the new requirement, even without prior notice from the trial court. Citing Solar Team Entertainment Inc. vs. Ricafort, the Court emphasized the intent to afford litigants a full opportunity to comply with recent rule changes and to temper enforcement of sanctions. Furthermore, the Solicitor-General had followed the procedure under the old rules, where docket fees were paid later to the appellate court. The importance of the issues—involving valid title over land occupied by an international airport and substantial governmental interest—also merited a review on appeal. The decision of the Court of Appeals was set aside, and the RTC was ordered to give due course to the appeal.