A civil defense counsel must always be alert about the issue of non-payment by his opponent of the correct docket and filing fees to the court, under Rule 141 of the Rules of Court of the
Non-payment of correct docket and filing fees is a valid ground to dismiss a civil case, because it is a jurisdictional infirmity.
For legal research purpose, below is a copy of the comment I recently filed in connection with a pending civil case where the plaintiff’s counsel filed a motion to admit a second amended complaint.
C O M M E N T
THE DEFENDANTS, by counsel, respectfully state:
1. As to the portion of the pending motion of the plaintiff dropping the defendant Mr. xxx from the first and the second amended complaints, the defendants Mrs. Xxx and her spouse Mr. xxx, respectfully manifest that they do not object to that particular portion of the pending motion and of the second amended complaint, considering that, indeed and truly, there is no legal and factual justification at all from the very beginning to implead Mr. xxx as a co-defendant.
2. As to the portion of the pending motion seeking the admission of the second amended complaint itself, the defendants respectfully manifest that they do not object thereto, subject to the condition that as soon as the plaintiff is informed of the official order of the Court admitting her second amended complaint, she must immediately pay to the Office of the Clerk of Court (OCC) the mandatory docket/foiling fees based on the plaintiff’s new/alternative financial prayer stated in her second amended complaint which claims a monetary award of P3,821,089.00, pursuant to:
(a) Rule 141 of the Rules of Court and based on existing jurisprudence on the doctrine of jurisdiction in relation to docket/filing fees which implements the said Rule 141,
(b) the previous order of the Honorable Court on the same old issue, and
(c) the previous motions and other related pleadings on the said issue, (which the defendants hereby adopt into this comment, by incorporation and reference, for brevity).
3. Subject to the final and official computation to be done by the Office of the Clerk of Court (OCC), the initial estimate of the undersigned counsel is that the plaintiff must pay the additional amount of more than P76,000.00 based on the ballpark formula of P20.00 per P1,000.00 of financial prayer, under Rule 141
4. Pursuant to the previous order of the Court on the same issue, there is a need to SUSPEND the proceedings in this case until such time that the plaintiff shall have submitted to the Court the authentic copies of the official receipts proving the fact of payment by the plaintiff of the above-mentioned mandatory docket/filing fees.
5. In the spirit of procedural orderliness, the defendants should be required to file their joint amended answer only upon receipt by them, thru counsel, of a copy of an order of the Court noting and approving the proofs of payment by the plaintiff of the additional/jurisdictional docket/filing fees covering her new/additional/alternative financial prayer, preferably within 15 days from receipt of such order.
WHEREFORE, premises considered, it is respectfully prayed:
1. That this comment be noted;
2. That the plaintiff be given a specific period within which to submit to the Court authentic copies of the official receipts proving the payment of the mandatory/jurisdictional additional docket/filing fees covering her new/additional/alternative financial prayer stated in the second amended complaint, counted from receipt by the plaintiff of a copy of the order formal admitting her second amended complaint;
3. That, in the meantime, pending such compliance, the proceedings of this case be suspended; and, finally,
4. That, upon notation and confirmation by the Court of the authentic proofs of payment of the mandatory/jurisdictional additional docket/filing fees adverted to above, the defendants be given a period of 15 days from receipt of such formal order within which to file their joint amended answer to enable the defendants to fully controvert and traverse each and every allegation stated in, and each and every document annexed to, the second amended complaint.
FURTHER, the defendants respectfully pray for such and other reliefs as may be deemed just and equitable in the premises.
Las
LASERNA CUEVA MERCADER LAW OFFICES
Counsel for Defendants
Unit 15, Star
Tel/Fax 8742539, 8725443
MANUEL J. LASERNA JR.
Roll No. 33640, 4/27/85
IBP Lifetime Member No. 1907
IBP PPLM Chapter
PTR No. 9400055, 1/5/07, Las Pinas
MCLE Exemption No. II-000844 (3/31/07)
