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    CASE DIGEST SIOL v. ASUNCION

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    Maria Anna M Legaspi
    The Supreme Court ruled that a court does not acquire jurisdiction over a case until the correct and proper docket fee has been paid. While the private respondent in this case demonstrated a willingness to pay the additional fees assessed, the original docket fee paid was still insufficient given the total amount claimed. The clerk of court should determine if any remaining balance is due and require payment. For a court to have jurisdiction, payment of the prescribed docket fee must accompany the filing of the complaint or initiatory pleading.

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    CASE DIGEST SIOL v. ASUNCION

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    Maria Anna M Legaspi
    161 views2 pages
    The Supreme Court ruled that a court does not acquire jurisdiction over a case until the correct and proper docket fee has been paid. While the private respondent in this case demonstrated a willingness to pay the additional fees assessed, the original docket fee paid was still insufficient given the total amount claimed. The clerk of court should determine if any remaining balance is due and require payment. For a court to have jurisdiction, payment of the prescribed docket fee must accompany the filing of the complaint or initiatory pleading.

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    CLASS: Civil Procedure

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    CASE DIGEST SIOL v. ASUNCION.docx

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    The Supreme Court ruled that a court does not acquire jurisdiction over a case until the correct and proper docket fee has been paid. While the private respondent in this case demonstrated a willingness to pay the additional fees assessed, the original docket fee paid was still insufficient given the total amount claimed. The clerk of court should determine if any remaining balance is due and require payment. For a court to have jurisdiction, payment of the prescribed docket fee must accompany the filing of the complaint or initiatory pleading.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    161 views2 pages

    CASE DIGEST SIOL v. ASUNCION

    Uploaded by

    Maria Anna M Legaspi
    The Supreme Court ruled that a court does not acquire jurisdiction over a case until the correct and proper docket fee has been paid. While the private respondent in this case demonstrated a willingness to pay the additional fees assessed, the original docket fee paid was still insufficient given the total amount claimed. The clerk of court should determine if any remaining balance is due and require payment. For a court to have jurisdiction, payment of the prescribed docket fee must accompany the filing of the complaint or initiatory pleading.

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    © All Rights Reserved
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    of 2

    -05-

    SUN INSURANCE v. HON ASUNCION


    G.R. Nos. 79937-38 | 13 FEBRUARY 1989
    SUN INSURANCE OFFICE, LTD., (SIOL), E.B. PHILLIPPS AND D.J. vs HON. MAXIMIANO C. ASUNCION, Presiding Judge, Branch 104,
    WARBY, RTC-QC and MANUEL CHUA UY PO TIONG,
    petitioners Respondents
    Petition to review CA decision
    Justice Gancayco
     Petitioner SIOL filed a complaint with RTC-Makati for the consignation of a premium refund on a fire
    FACTS

    insurance policy with a prayer for the judicial declaration of its nullity against private respondent Uy
    Po Tiong. The latter was later declared in default for failing to file the required Answer within the
    reglementary period.

     On the other hand, private respondent Uy Po Tiong filed a complaint with RTC-QC for the refund of
    premiums and the issuance of a Writ of Preliminary Attachment, initially against petitioner SIOL, but
    later included other the other petitioners. The prayer in the complaint did not quantify amount of
    damages sought, it can be inferred from the body of the complaint to be about P50,000,000.00.

     Only the amount of P210.00 was paid by the private respondent as docket fee, which prompted the
    petitioners’ counsel to raise this objection –but such objection was disregarded by trial court judge.

     The SC en banc issued a Resolution directing judges to reassess the docket fees and that in case of
    deficiency, to order its payment. It also required all clerks of court to issue certificates of re-
    assessment of docket fees and all litigants were required to specify in their pleadings the amount
    sought to be recovered in their complaints.

     The subject action was one of those re-assessed by the Clerk of Court. Private respondent paid all
    the re-assessed fees. Petitioners sought a motion to dismiss with the CA, which was subsequently
    denied.
    ISSUE

    Whether or not a court acquires jurisdiction over a case when the correct and proper docket fee has not
    been paid.
    HELD

    NO.
    RATIO  In the present case, a more liberal interpretation of the rules is called for considering that, unlike
    Manchester, private respondent demonstrated his willingness to abide by the rules by paying the
    additional docket fees as required.

     Nevertheless, petitioners contend that the docket fee that was paid is still insufficient considering the
    total amount of the claim. This is a matter which the clerk of court of the lower court and/or his duly
    authorized docket clerk or clerk in-charge should determine and, thereafter, if any amount is found
    due, he must require the private respondent to pay the same.

     Thus, the Court rules as follows:

    o It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment
    of the prescribed docket fee, that vests a trial court with jurisdiction over the subject-matter or
    nature of the action. Where the filing of the initiatory pleading is not accompanied by
    payment of the docket fee, the court may allow payment of the fee within a reasonable
    time but in no case beyond the applicable prescriptive or reglementary period. 


    o The same rule applies to permissive counterclaims, third-party claims and similar pleadings,
    which shall not be considered filed until and unless the filing fee prescribed therefor is paid.
    The court may also allow payment of said fee within a reasonable time but also in no case
    beyond its applicable prescriptive or reglementary period.

    o Where the trial court acquires jurisdiction over a claim by the filing of the appropriate
    pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a
    claim not specified in the pleading, or if specified the same has been left for determination
    by the court, the additional filing fee therefor shall constitute a lien on the judgment. It shall
    be the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien
    and assess and collect the additional fee.

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