GR L 3911; (December, 1950) (Digest)
G.R. No. L-3911 December 29, 1950
REMIGIO MARASIGAN, petitioner, vs. PERFECTO R. PALACIO and JOSE N. LEUTERIO, Judges of the Court of First Instance of Camarines Sur, and FAUSTO NORTE, respondents.
FACTS
Petitioner Remigio Marasigan was the defendant in a forcible entry and detainer case filed in the justice of the peace court of Libmanan, Camarines Sur by respondent Fausto Norte. After being sentenced to vacate the land and pay damages, Marasigan perfected his appeal to the Court of First Instance (CFI) by filing the required notice of appeal, bonds, and depositing P8 as docketing fee—the amount required by the clerk of the justice of the peace court. The record was certified to the CFI. Three months later, Norte moved to declare the appeal abandoned because the correct docketing fee under the Rules was P10, not P8. Marasigan objected, explaining he paid only P8 in reliance on the clerk’s instruction and expressed willingness to pay the deficiency. The CFI granted Norte’s motion and declared the appeal abandoned. When Marasigan sought to appeal that order, the CFI disapproved his record on appeal, deeming the order non-appealable. Marasigan then filed this petition for mandamus (to compel approval of the record on appeal) and certiorari (to annul the order declaring the appeal abandoned).
ISSUE
Whether the Court of First Instance gravely abused its discretion in declaring the appeal from the justice of the peace court abandoned due to the petitioner’s underpayment of the docketing fee, where the underpayment resulted from the clerk’s error and the petitioner acted in good faith.
RULING
Yes. The Supreme Court granted the petition for certiorari, setting aside the CFI order that declared the appeal abandoned. The Court held that it was a grave abuse of discretion to penalize the petitioner for relying in good faith on the justice of the peace court clerk’s instruction regarding the docketing fee amount. Following the precedent in Segovia vs. Barrios, the Court emphasized that a citizen has the right to trust that a public officer performs duties correctly. Since Marasigan was ready to pay any deficiency, dismissing his appeal would be unjust. The appeal was ordered to be docketed and allowed to proceed upon payment of the balance of the docketing fee. Costs were awarded against the respondents.
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