MAGASPI v RAMOLETE
A case case is deemed fled only upon upon payment o the docket docket ee regardless regardless o the actual date o its fling in court. When a pleading is amended, the original pleading is deemed abandoned. The additional docket ee to be paid should thus be based on their amended complaint.
Doctrine:
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On September 16, 1!", the petitioners fled a complaint or the reco#ery o o$nership and possession o a parcel o land $ith damages against Shell %hils, &entral 'isayan (ealty ) *n#estment, ) &ebu &ity Sa#ings ) +oan Association in &* &ebu. -pon fling and the payment o %6" as docketing %1" or sheri ees, the case $as assigned. &entral 'isayan ) &ebu Sa#ings fled a motion to compel the plaintis to pay the correct ees, and ailing to pay the same $ithin the prescribed period, to dismiss the case. urther praying that until correct ee is paid, the time or fling o responsi#e pleadings by the deendants be suspended. The motion $as $as opposed by the petitioners $ho claimed that that the main cause cause o action $as the reco#ery o a piece o land and on the basis o its assessed #alue, %6" $as the correct docketing ee and that although the (e#ised (ules o &ourt do not e/clude damages in the computation o the docket ee, damages are nonetheless still to be e/cluded. On October 0, 1!", the presiding udge ordered the &lerk o &ourt to comment on the motion and the opposition $hich it assessed that the correct ees shall be f/ed at o %2,163."" plus %4."" +egal (esearch ee 5the #alue o the land, $hich is %1!,4"."", plus the damages amounting to %2,2",622.437. %2,2",622.437. 8ence, petitioner shall pay %2,1"3, net o the %6"."" already paid. 8o$e#er, pri#ate respondents respondents fled their respecti#e ans$ers that the same $as e/clusi#e o e/emplary damages must be included in the computation therein. On 9o#ember 2, 1!", the plaintis fled a motion or lea#e to amend the complaint so as to include the :o#ernment o the (epublic o the %hilippines as a deendant. 9ine days ater, respondents fled an opposition to the admission o the amended complaint. On 9o#ember 16, 1!", ;udge &anonoy admitted the amended complaint although the plaintis had not yet complied $ith his Order that they should pay an additional %2,1"3."" docket ee. On April 2, 1!1, ;udge ;ose (. (amolete $ho had replaced ;udge &anonoy, &anonoy, issued the same order. order. ISSUE: W<9
the case may be considered as ha#ing been fled and docketed $hen %6"."" $as paid to the &lerk o &ourt e#en on the assumption that said payment $as not su=cient in amount>
RULING: The
rule is $ell?settled that a case is deemed fled only upon payment o the docket ee regardless o the actual date o its fling in court. The &ourt holds that it $as docketed upon the payment o %6", although said amount is insu=cient. Accordingly, the trial court had ac@uired urisdiction o#er the case and the proceedings thereater had $ere proper and regular.
The ne/t @uestion @uestion is re re correct correct amount to be paid as docket docket ee. ;udge &anonoy &anonoy ordered the payment o %2,1"3 as additional docket ee based on the original complaint. 8o$e#er, the petitioners assert as an alternati#e alternati#e #ie$, that the docket
ee be based on the amended complaint. The petitioners are correct. BWhen a pleading is amended, the original pleading is deemed abandoned. The original ceases to perorm any urther unction as a pleading. The case stands or trial on the amended pleading only. On the basis o the oregoing, the additional docket ee to be paid by the petitioners should be based on their amended complaint. W8C(CO(C, the petition is hereby granted the petitioners shall be assessed a docket ee on the basis o the amended complaintD and ater all o the la$ul ees shall ha#e been paid, the proceedings in &i#il &ase 9o. (?114 shall be resumed.
