Dear Atty. Gab,

Musta Atty! I’m writing to you because I’m in a really confusing situation. I recently lost a small claims case in our local Municipal Trial Court about a contract dispute with a neighbor. I filed a Notice of Appeal on time, but I was a little late paying the appeal fee because I didn’t have enough money at that time. The court initially accepted my appeal, but now I’m hearing that it might get dismissed because of the late fee payment.

I’m so stressed out because this case means a lot to me. I believe the judge made a mistake in the initial ruling, and I really want to have my case reviewed. I am working hard to make a living. I just don’t have a lot of money. Is there anything I can do to keep my appeal alive? What are my rights in this situation, and is there any legal basis for them to dismiss my appeal despite accepting it initially? Any guidance would be greatly appreciated. Thank you in advance for your help!

Sincerely,
Sofia Javier

Dear Sofia,

I understand your frustration and concern regarding the potential dismissal of your appeal. Generally, an appeal may be dismissed for failure to pay the correct appeal fee. However, you may be able to appeal because your appeal was initially accepted.

Navigating Appeal Fee Deadlines in the Philippines

When appealing a court decision, understanding the specific rules regarding appeal fees is crucial. The rules emphasize the importance of strictly adhering to deadlines for paying the appeal fees. There is a need to settle the fees within the period to file the notice of appeal.

The Supreme Court’s rules on election cases provides guidance in A.M. No. 07-4-15-SC, which governs election contests involving municipal and barangay officials in trial courts. Section 8 of Rule 14 dictates the appeal process and requires an aggrieved party to file a notice of appeal within five days of the decision, served to the opposing counsel. Section 9 and 10 of Rule 14 of the Rules in A.M. No. 07-4-15-SC prescribes for that purpose an appeal fee of P1,000.00 to be paid to the trial court rendering the decision simultaneously with the filing of the notice of appeal.

Section 9. Appeal Fee. — The appellant in an election contest shall pay to the court that rendered the decision an appeal fee of One Thousand Pesos (P1,000.00), simultaneously with the filing of the notice of appeal.

However, the Supreme Court has clarified that these rules do not supersede additional appeal fees prescribed by the COMELEC under its own rules of procedure. The need for two appeal fees caused confusion.

COMELEC Resolution No. 8486 sought to clarify these points. The COMELEC allows the payment of the COMELEC’s appeal fee of P3,200.00 at the COMELEC’s Cash Division through the ECAD or by postal money order payable to the COMELEC within a period of 15 days from the time of the filing of the notice of appeal in the trial court. It stated:

1. That if the appellant had already paid the amount of P1,000.00 before the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court or lower courts within the five-day period, pursuant to Section 9, Rule 14 of the Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials (Supreme Court Administrative Order No. 07-4-15) and his Appeal was given due course by the Court, said appellant is required to pay the Comelec appeal fee of P3,200.00 at the Commission’s Cash Division through the Electoral Contests Adjudication Department (ECAD) or by postal money order payable to the Commission on Elections through ECAD, within a period of fifteen days (15) from the time of the filing of the Notice of Appeal with the lower court.

Failure to make the payment of fees within the prescribed period may result in dismissal of the appeal. Section 9 (a) of Rule 22 of the COMELEC Rules of Procedure stated that the appeal may be dismissed on the grounds of:

Sec. 9. Grounds for Dismissal of Appeal. — The appeal may be dismissed upon motion of either party or at the instance of the Commission on any of the following grounds:

(a) Failure of the appellant to pay the correct appeal fee; xxx

In your case, it is important to determine whether the court initially accepting your appeal affects its ability to later dismiss it for late payment of fees. It would be best to check with a legal professional for an accurate assessment.

Practical Advice for Your Situation

• Review Court Records: Check the exact dates when you filed your Notice of Appeal and when you paid the appeal fee.
• File a Motion for Reconsideration: If your appeal is dismissed, file a Motion for Reconsideration. Explain why the payment was delayed.
• Seek Legal Counsel: Consult with a lawyer who can assess your case and advise you on the best course of action.
• Prepare Documentation: Gather all documents related to your case, including the Notice of Appeal, proof of payment, and any correspondence with the court.
• Know the Rules: Familiarize yourself with the specific rules regarding appeal fees and deadlines in the Municipal Trial Court where your case was heard.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.