G. Filing and Service (Rule 13)

Question 1

Rule 1- Manchester

Answer 1

1. In Manchester Development Corporation v. CA, a court acquires jurisdiction only upon payment of the prescribed docket fee. (G.R. No. 75919, 07 May 1987)

NOTE: The Manchester Doctrine, on one hand, applies when there is a deliberate, willful, and intentional refusal, avoidance, or evasion to pay the filing fee. The Sun Insurance, on the other hand, applies if there is otherwise and that the insufficiency of payment was brought about without bad faith

Question 2

Rule 2- defect resulting in underpayment

Answer 2

2. A defect in the original pleading resulting in the underpayment of the docket fee cannot be cured by amendment, such as the reduction of the claim. This is because, for all legal purposes, since there is no original complaint over which the court has acquired jurisdiction. (Manchester Development Corporation v. CA, G.R. No. 75919, 07 May 1987)

Question 3

Rule 3- Sun Insurance

Answer 3

as long as the fee is paid within the applicable prescriptive or reglementary period,

3. In Sun Insurance Office, Ltd v. Asuncion, while the payment of prescribed docket fee is a jurisdictional requirement, even its nonpayment at the time of filing does not automatically cause the dismissal of the case, as long as the fee is paid within the applicable prescriptive or reglementary period, more so when the party involved demonstrates a willingness to abide by the rules prescribing such payment.

No intention to defraud

Thus, when insufficient filing fees were initially paid by the plaintiffs and there was no intention to defraud the government, the Manchester rule does not apply. (Heirs of Bertuldo Hinog v. Melico, G.R. No. 140954, 12 Apr. 2005, citing Sun Insurance Office, Ltd. v. Asuncion, G.R. No. 79937-38, 13 Feb. 1989

Question 4

Rule 4- permissive counterclaims in relation to filing of docket fees

Answer 4

“not be considered filed until and unless the filing fee prescribed therefor is paid. “

4. 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.

Question 5

Rule 5-

Answer 5

5. 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. (Sun Insurance Office, Ltd. v. Asuncion, G.R. No. 79937- 38, 13 Feb. 1989)

Question 6

Rule 6

Answer 6

6. Cooperatives can no longer invoke Republic Act No. 6938, the Philippine Cooperative Act of 2008 (amended by Republic Act No. 9520), as basis for exemption from the payment of legal fees by virtue of the court’s fiscal independence. (A.M. No. 12-2-03-0, 13 Mar. 2012)

Question 7

Rule 7

If the plaintiff fails to comply with the jurisdictional requirement of payment of the docket fees, duty of defendant.

Answer 7

7. If the plaintiff fails to comply with the jurisdictional requirement of payment of the docket fees, the defendant should timely raise the issue of jurisdiction otherwise the latter may be estopped. (National Steel Corporation v. CA, G.R. No. 123215, 02 Feb. 1999)

Question 8

Efiling see p. 94