Sun Insurance Office Ltd. vs Hon. Asuncion and Manuel Uy Po Tiong GR No. 79937-38 February 13, 1989

Facts:
Sun insurance filed a case for the consignation of premiums on a fire insurance policy with a prayer for the judicial declaration of its nullity against private respondent Manuel Uy Po Tiong. Private respondent as declared in default for failure to file the required answer within the reglementary period. Meanwhile, the Respondent Manuel Tiong also filed a case against Sun Insurance for the refund of premiums and the issuance of a writ of preliminary attachment, seeking the payment of actual, compensatory, moral, exemplary and liquidated damages, attorney’s fees, expenses of litigation, and costs of suit, but the damages sought were not specifically stated in the prayer, although it may be inferred from the body of the complaint that it would amount to about P50M. In the body of the original complaint, the total amount of damages sought amounted to about P50 Million. In the prayer, the amount of damages asked for was not stated. The amount of only P210.00 was paid for the docket fee. On January 23, 1986, private respondent filed an amended complaint wherein in the prayer it is asked that he be awarded no less than P10,000,000.00 as actual and exemplary damages but in the body of the complaint the amount of his pecuniary claim is approximately P44,601,623.70. Said amended complaint was admitted and the private respondent was reassessed the additional docket fee of P39,786.00 based on his prayer of not less than P10,000,000.00 in damages, which he paid.
On April 24, 1986, private respondent filed a supplemental complaint alleging an additional claim of P20,000,000.00 in damages so that his total claim is approximately P64,601,620.70. On October 16, 1986, private respondent paid an additional docket fee of P80,396.00. After the promulgation of the decision of the respondent court on August 31, 1987 wherein private respondent was ordered to be reassessed for additional docket fee, and during the pendency of this petition, and after the promulgation of Manchester, on April 28, 1988, private respondent paid an additional docket fee of P62,132.92. Although private respondent appears to have paid a total amount of P182,824.90 for the docket fee considering the total amount of his claim in the amended and supplemental complaint amounting to about P64,601,620.70, petitioner insists that private respondent must pay a docket fee of P257,810.49.

Issue:
Whether or not the court acquires jurisdiction when the correct and proper docket fee has not been paid?

Ruling:
Manchester ruling applies, with modification. Statutes regulating the procedure of courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retrospective in that sense and in that respect.
The Court dismissed petitioner’s motion and ordered the Clerk of court to re-asses the docket fees.

Personal Observation:
The case is different in Manchester because the respondent herein has shown compliance by paying docket fees upon reassessment and has also paid the docket fees on its amended complaint increasing the claim for damages. Furthermore, there is no substantial evidence that the respondent has the intention of deliberately defraud the court or evaded the payment of docket fees.

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