Beruflich Dokumente
Kultur Dokumente
Issue: WON CA gravely erred in dismissing the appeal for the failure of petitioners to remit the P30 for
legal research fund after having advanced a substantial portion of docket fees.
Held: No. Gipa et al concede to the fact that payment of the full amount of docket fees within the
prescribed period is not a mere technicality of law or procedure but a jurisdictional requirement they
nevertheless are praying for the relaxation of the application of the rule on the payment of the appeal
fee in the name of substantial justice and equity. The Court held that "concomitant to the liberal
interpretation of the rules of procedure should be an effort on the part of the party invoking liberality to
adequately explain his failure to abide by the rules.” Those who seek exemption from the application of
the rule have the burden of proving the existence of exceptionally meritorious reason warranting such
departure. Gipa’s failure to advance any explanation as to why they failed to pay the correct docket fees
or to complete payment of the same within the period allowed by the CA is thus fatal to their cause.
Hence, a departure from the rule on the payment of the appeal fee is unwarranted.