G.R. No. L-14325; June 30, 1960
CEFERINO TAVORA, ET AL., plaintiff-appellee, vs. ANTONIA TAVORA, defendant-appellant.

FACTS

Plaintiffs-appellees (Ceferino Tavora, Numeriana Tavora y Querol, and Catalina Suguitan) filed a complaint in the Court of First Instance of Pangasinan to annul a deed of donation executed in favor of defendant-appellant Antonia Tavora. After the denial of her motions, defendant failed to answer and was declared in default. Her petition for certiorari to the Supreme Court to set aside the default order was denied. The trial court, after receiving evidence, dismissed the complaint “without pronouncement as to costs.” Plaintiffs appealed to the Court of Appeals, which affirmed the dismissal “with costs against appellants.” Before this decision was promulgated, defendant filed a motion in the Court of Appeals (e.g., to dismiss the appeal, admit exhibits, order service of brief), which was denied on the ground that, being in default, she lost her standing and was not entitled to be heard as appellee. However, during the hearing at the Court of Appeals, plaintiffs’ counsel withdrew his objection, and defendant’s counsel was allowed to argue. After the case was remanded, defendant submitted a bill of costs covering expenses in the trial court, Court of Appeals, and the Supreme Court (for the certiorari docket fee). The trial court denied the bill in full. Defendant appealed this denial to the Court of Appeals, which certified the case to the Supreme Court as it involved only questions of law.

ISSUE

Whether defendant-appellant is entitled to recover costs from plaintiffs-appellees and, if so, the proper amount recoverable.

RULING

Yes, defendant-appellant is entitled to recover certain costs. The Supreme Court ruled that the Court of Appeals’ judgment affirming the dismissal “with costs against appellants” includes costs in both the appellate court and the trial court, following the principle that such an award, absent qualification, means costs from the commencement to termination of the suit. However, the docket fee paid for the separate certiorari petition to the Supreme Court is not recoverable as it partook of an independent suit. Regarding specific items: (1) In the Court of Appeals, P20.00 for counsel’s attendance is recoverable because plaintiffs’ counsel consented to his appearance and argument. (2) Other expenses for depositions and certified copies for the appeal are not recoverable, as a defaulting party was not entitled to have such documents presented or included in the records. (3) In the trial court, P10.00 for counsel’s attendance is recoverable because counsel had filed motions before the declaration of default. (4) An item of P25.00 for deposition expenses of two witnesses is disallowed for lack of showing they were properly produced in evidence as required by the Rules. The order denying the bill of costs is reversed and set aside. Appellees are ordered to pay appellant the total sum of P30.00 as costs. No costs are awarded for the instant appeal.