Friday, July 3, 2009

Payment of Docket Fee

Among the grounds that pertinent jurisprudence has recognized as justifying the loosening up of the stringent requirement on payment of docket fees are: (1) to relieve a litigant from an injustice not commensurate with his failure to comply with the prescribed procedure; (2) good faith of the defaulting party by paying within a reasonable time from the time of the default; (3) the merits of the case; (4) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (5) a lack of any showing that the review sought is frivolous and dilatory; (6) no unjust prejudice to the other party; and (7) importance of the issues involved. Concomitant to a 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. (Curata v. PPA, G.R. No. 154211-12, June 22, 2009)

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