G.R. No. 136477 November 10, 2004
M.A. SANTANDER CONSTRUCTION, INC., petitioner, vs. ZENAIDA VILLANUEVA, respondent.

FACTS

The case originated from a complaint for a sum of money filed by respondent Zenaida Villanueva against petitioner M.A. Santander Construction, Inc. before the Regional Trial Court (RTC) of San Mateo, Rizal. The RTC rendered an undated decision in favor of Villanueva. Petitioner received a copy of this adverse decision on March 3, 1998. On March 9, 1998, within the 15-day reglementary period, petitioner filed a Notice of Appeal to the Court of Appeals. However, petitioner failed to pay the corresponding appellate docket and other lawful fees at that time.
The Court of Appeals dismissed the appeal due to this non-payment. In a motion for reconsideration, petitioner’s counsel admitted the failure, attributing it to his reliance on an old procedure of waiting for a court order directing payment. Petitioner eventually paid the required fees on November 13, 1998, but the appellate court denied the motion, ruling the belated payment did not cure the failure to perfect the appeal within the prescribed period.

ISSUE

Whether the Court of Appeals correctly dismissed the appeal for petitioner’s failure to pay the appellate docket and other lawful fees within the reglementary period for perfecting an appeal.

RULING

Yes, the Court of Appeals correctly dismissed the appeal. The Supreme Court affirmed the dismissal, holding that the payment of full appellate docket fees within the period for taking an appeal is mandatory and jurisdictional. The right to appeal is a statutory privilege, not a natural right, and must be exercised in strict conformity with procedural rules. Under Section 4, Rule 41 of the 1997 Rules of Civil Procedure, the appellant must pay the required fees to the clerk of the court that rendered the judgment within the period for taking an appeal. Failure to do so is a ground for dismissal.
The reglementary period to appeal was 15 days from notice of judgment. Petitioner received the RTC decision on March 3, 1998, making the deadline to perfect its appeal March 18, 1998. While the Notice of Appeal was filed timely on March 9, the docket fees were paid only on November 13, 1998, which was 7 months and 25 days late. The Court emphasized that the mere filing of a Notice of Appeal is insufficient; it must be accompanied by full payment of fees. This requirement is not a mere technicality. Failure to comply renders the trial court’s decision final and executory, thereby depriving the appellate court of jurisdiction. The Court found no compelling reason to relax the rule, despite counsel’s admission of mistake, as adherence to procedural timelines is essential to the orderly administration of justice.