2022 Remedial Law, Q15

The Regional Trial Court (RTC) rendered a decision against Kat. She received a copy of the decision on December 26, 2021. Kat’s counsel filed with the Supreme Court a petition for review on certiorari under Rule 45 by registered mail on January 10, 2022. The petition was dismissed for failure to pay the docket fees within the reglementary period. Kat’s counsel challenged the dismissal arguing that: (i) the intention was to pay the docket fees after the same is assessed upon the court’s receipt of the petition by registered mail; and (ii) the dismissal of the petition effectively rendered nugatory a party’s statutory right to appeal by registered mail under the rules. Kat’s counsel also added that she did not want to include cash money in the mail. Is Kat’s counsel correct? Explain briefly. (5 points)

Quick check

When must docket fees for a Rule 45 petition for review on certiorari be paid when filing by registered mail?

What is the legal consequence of failing to pay docket fees for a Rule 45 petition within the reglementary period?

How may a petitioner filing a Rule 45 petition by registered mail validly pay docket fees without mailing cash?

Is the right to appeal a natural right that can be exercised without complying with procedural fee rules?

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What happens to a judgment of the Regional Trial Court if a Rule 45 petition is dismissed for non-payment of docket fees?

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1. Mandatory Docket Fees
Under Section 3, Rule 45 of the Rules of Court, the payment of docket and other lawful fees within the reglementary period is mandatory and jurisdictional. The Supreme Court acquires jurisdiction over a petition for review on certiorari only upon the timely payment of the full amount of docket fees. Failure to pay docket fees on time is a non-waivable requirement that warrants the outright dismissal of the petition, as court fees pay for the invocation of judicial power.

2. Registered Mail Filing
Filing a petition for review by registered mail is a valid mode of service and filing authorized by the Rules of Court. However, filing by registered mail does not exempt the petitioner from the concurrent duty to remit docket fees within the same reglementary period. A party electing to file by mail must remit docket fees simultaneously via postal money order or authorized bank deposit. The desire to await court assessment or avoid enclosing cash in the mail does not excuse non-payment.

3. Right to Appeal
The right to appeal is not a natural right or a component of due process, but a statutory privilege that must be exercised strictly in accordance with the provisions of law. Parties seeking appellate relief must strictly comply with procedural rules, including reglementary periods and fee requirements. Procedural rules governing docket fee payments are strictly enforced because their lax observance would erode the orderly administration of justice and compromise the finality of judgments.

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