G.R. No.

142021

November 29, 2000

SPOUSES TEODORA and WILFREDO BUENAFLOR, petitioners,

vs.
HONORABLE COURT OF APPEALS, UNITED RURAL BANK OF PANAY
ISLAND, INC., represented by its Manager Raul Balandra, and THE
HONORABLE DANILO P. GALVEZ, Acting Presiding Judge of the
Aklan Regional Trial Court, Branch 8, Kalibo, Aklan, respondents.
In the civil law sense, it means not only the delivery of money but also the
performance, in any manner, of the obligation. The Civil Code enunciates a
counterpart principle to the rule on liberal construction under Section 6,
Rule 1 of the 1997 Rules of Civil Procedure. Article 1234 of the Civil Code
allows substantial performance in the payment of obligations. In order that
there may be substantial performance of an obligation, there must have
been an attempt in good faith to perform, without any willful or intentional
departure therefrom. This concept of substantial performance may be
applied by analogy in the determination of question on the proper payment
of the appellate docket fees.
In this case, there is good faith attempt to comply with the requirements of
the Rules regarding the manner of appeal from the decision of the Regional
Trial Court, without any willful or intentional departure therefrom. The
postal money orders which were intended for the payment of the appellate
docket fees were actually sent to the trial court. They were filed within the
reglementary period and received by the trial court. The petitioners clearly
intended to file an appeal.
In the case at bar, the delivery of the appellate docket fees to the proper
Clerk of Court should be interpreted to mean as the proper payment thereof
or, at least, substantial performance of the obligation to pay the appellate
docket fees. The fact that the postal money orders were addressed to the
clerks of court of the Court of Appeals and the Supreme Court, respectively,
is a minor technicality, which if treated too rigidly would run counter to the
spirit of the Rules and thwart the ends of justice. At worst, there is a mere
defective payment which may be cured by a simple amendment of the notice
of appeal. Considering the special circumstances of the case, it cannot be
said, without running afoul with the ends of substantial justice, that there is
a failure to pay the docket fees.

G.R. No. 173415

March 28, 2008

MARIANO TANENGLIAN, Petitioner,

vs.
SILVESTRE LORENZO, MARIO DAPNISAN, TIMOTEO DAPNISAN,
FELIX DAPNISAN, TONAS TAMPIC, REGINA TOBANES, NORMA
SIMEON, RODOLFO LACHICA, ARNES SERIL, RODOLFO LAVARO,
FAUSTINO SALANGO, PEDRO SANTIAGO, TEOFILO FULMANO,
GEORGE KITOYAN, PEPTIO GAPAD, DAMIAN PENERIA, MIKE
FERNANDEZ, PABLO SACPA, WILFREDO AQUINO, ANDREW
HERRERO, ROGELIO CARREON, MANUEL LAGARTERA AND
LORENTINO SANTOS, Respondents.
The Regional Adjudicator denied petitioners Notice of Appeal because the
latter was delayed for one day in the payment of appeal fee.
The 2003 Rules of Procedure of the DARAB lays down the following
procedure:
RULE XIV
APPEALS
Section 1. Appeal to the Board. An appeal may be taken to the Board from a
resolution, decision or final order of the Adjudicator that completely
disposes of the case by either or both of the parties within a period of
fifteen (15) days from receipt of the resolution/decision/final order appealed
from or of the denial of the movants motion for reconsideration in
accordance with Section 12, Rule IX, by:
1.1 filing a Notice of Appeal with the Adjudicator who rendered the decision
or final order appealed from;
1.2 furnishing copies of said Notice of Appeal to all parties and the Board;
and
1.3 paying an appeal fee of Seven Hundred Pesos (Php700.00) to the DAR
Cashier where the Office of the Adjudicator is situated or through postal
money order, payable to the DAR Cashier where the Office of the
Adjudicator is situated, at the option of the appellant.
A pauper litigant shall be exempt from the payment of the appeal fee.
Proof of service of Notice of Appeal to the affected parties and to the Board
and payment of appeal fee shall be filed, within the reglementary period,
with the Adjudicator a quo and shall form part of the records of the case.

Non-compliance with the foregoing shall be a ground for dismissal of the

appeal.
SECTION 4. Perfection of Appeal. An appeal is deemed perfected upon
compliance with Section 1 of this Rule.
A pauper litigants appeal is deemed perfected upon the filing of the Notice
of Appeal in accordance with said Section 1 of this Rule.
The general rule is that appeal is perfected by filing a notice of appeal and
paying the requisite docket fees and other lawful fees

THE 2009 REVISED RULES OF PROCEDURE OF THE

COMMISSION ON AUDIT
Section 5. Payment of Filing Fee - Every petition/appeal filed before an
adjudicating body/office of this Commission pertaining to the cases
enumerated below shall be imposed a filing fee equivalent to 1/10 of 1% of
the amount involved, but not exceeding P10, 000.00:
a) appeal from audit disallowance/charge
b) appeal from disapproval of request for relief from accountability
c) money claim, except if the claimant is a government agency
d) request for condonation of settled claim or liability except if
between government agencies
Payment shall be made at the COA Central Office Cashier or at the Cashier
of the COA Regional Finance Office. If not practicable, payment may be
remitted through postal money order payable to the Commission on
Audit.
Any appeal/petition without the required filing fee will be returned to the
party concerned for compliance with such requirement.