Ayala Corporation vs Madayag

January 30, 1990

Doctrine:
Manchester Development Crop vs. CA
The docket fee should be assessed by considering the amount of damages as
alleged
in
the
original
complaint.
Tacay vs Regional Trial Court of Tagum
The trial court may either order said claim to be expunged from the record as it did
not acquire jurisdiction over the same or on motion, it may allow within a
reasonable time, the amendment of the amended and supplemental complaint so
as to state the precise amount of the exemplary damages south and require the
payment of the requisite fees therefor with the relevant prescriptive period.
Facts:
Private respondents paid only the total amount of 1,616 as docket fees instead of
13,061.35 based in the assessed value of the real properties involved as evidenced
by tax declaration. Ayala alleged that because the private respondent failed to state
the amount of exemplary damages being sought the complaint must be dismissed
in accoradnce to the case of Manchester.
Trial court denied Ayalas motion stating that the determination of the exemplary
damages is within the sound discretion of the court. The trial court cited Sun
Insurance vs Judge Asuncion where it is mentioned that in addition to the filing of
the complaint it is also the payment of the prescribed docket fee that vest a trial
court with jurisdiction over the subject matter or nature of action. Same rules apply,
to permissive counterclaims, third party claims and similar pleading where is shall
not be considered filed until and unless the filing fee prescribed is paid. Lastly,
where the judgement awards a claim not specified in the pleading, or is specified,
the same has been left for determination of the court, the additional filing fee
therefor shall constitute a lien on the judgment.
Issue:
Whether or not the lower court has not acquired jurisdiction over the case as
respondents failed to pay prescribed docket fee.
Ruling:
As ruled in Tacay vs Regional Trial Court of Tagum, the trial court may either order
said claim to be expunged from the record as it did not acquire jurisdiction over the
same or on motion, it may allow within a reasonable time, the amendment of the
amended and supplemental complaint so as to state the precise amount of the
exemplary damages south and require the payment of the requisite fees therefor
with the relevant prescriptive period.

Petition is granted.