Professional Documents
Culture Documents
*
G.R. No. 126334. November 23, 2001.
_______________
* FIRST DIVISION.
432
433
fee in the proper amount should be adhered to, there are certain
exceptions which must be strictly construed. In recent rulings,
this Court has relaxed the strict adherence to the Manchester
doctrine, allowing the plaintiff to pay the proper docket fees
within a reasonable time before the expiration of the applicable
prescriptive or reglementary period.
Same; Venue; Partnerships; An action for accounting,
payment of partnership shares, division of assets and damages is a
personal action which, under the Rules, may be commenced and
tried where the defendant resides or may be found, or where the
plaintiffs reside, at the election of the latter.—On the matter of
improper venue, we find no error on the part of the trial court and
the Court of Appeals in holding that the case below is a personal
action which, under the Rules, may be commenced and tried
where the defendant resides or may be found, or where the
plaintiffs reside, at the election of the latter.
Same; Same; Same; If an action is against a partner, on the
basis of his personal liability, it is an action in personam, and the
fact that two of the assets of the partnership are parcels of land
does not materially change the nature of the action.—Petitioner,
however, insists that venue was improperly laid since the action
is a real action involving a parcel of land that is located outside
the territorial jurisdiction of the court a quo. This contention is
not well-taken. The records indubitably show that respondents
are asking that the assets of the partnership be accounted for,
sold and distributed according to the agreement of the partners.
The fact that two of the assets of the partnership are parcels of
land does not materially change the nature of the action. It is an
action in personam because it is an action against a person,
namely, petitioner, on the basis of his personal liability. It is not
an action in rem where the action is against the thing itself
instead of against the person.Furthermore, there is no showing
that the parcels of land involved in this case are being disputed.
In fact, it is only incidental that part of the assets of the
partnership under liquidation happen to be parcels of land.
Same; Same; Same; A complaint seeking the liquidation and
partition of the assets of the partnership with damages is a
personal action which may be filed in the proper court where any
of the parties reside.—The action filed by respondents not only
seeks redress against petitioner. It also seeks the enforcement of,
and petitioner’s compliance with, the contract that the partners
executed to formalize the partnership’s dissolution, as well as to
implement the liquidation and partition of the partnership’s
assets. Clearly, it is a personal action that, in effect, claims a debt
from petitioner and seeks the performance of a personal duty on
his part. In
434
435
YNARES-SANTIAGO, J.:
_______________
436
_______________
437
_______________
Petitioner
11
filed a petition for certiorari before the Court of
Appeals, raising the following issues:
On August 8, 1996,12
the Court of Appeals rendered the
assailed decision, dismissing the petition for certiorari,
upon a finding that no grave abuse of discretion amounting
to lack or excess of jurisdiction was committed by the trial
court in issuing the questioned orders denying petitioner’s
motions to dismiss.
Not satisfied, petitioner filed the instant petition for
review, raising the same issues resolved by the Court of
Appeals, namely:
_______________
439
_______________
440
17
the Clerk of Court.” There is evident willingness to pay,
and the fact that the docket fee paid so far is inadequate is
not an indication that they are trying to avoid paying the
required amount, but may simply be due to an inability to
pay at the time of filing. This consideration may have
moved the trial court and the Court of Appeals to declare
that the unpaid docket fees shall be considered a lien on
the judgment award.
Petitioner, however, argues that the trial court and the
Court of Appeals erred in condoning the non-payment of
the proper legal fees and in allowing the same to become a
lien on the monetary or property judgment that may be
rendered in favor of respondents. There is merit in
petitioner’s assertion. The third paragraph of Section 16,
Rule 141 of the Rules of Court states that:
_______________
441
In Pilipinas
19
Shell Petroleum Corporation v. Court of
Appeals, this Court pronounced that the above-quoted
provision “clearly contemplates an initial payment of the
filing fees corresponding to the estimated amount of the
claim subject
20
to adjustment as to what later may be
proved.” Moreover, we reiterated therein the principle
that the payment of filing fees cannot be made contingent
or dependent on the result of the case. Thus, an initial
payment of the docket fees based on an estimated amount
must be paid simultaneous with the filing of the complaint.
Otherwise, the court would stand to lose the filing fees
should the judgment later turn out to be adverse to any
claim of the respondent heirs.
The matter of payment of docket fees is not a mere
triviality. These fees are necessary to defray court expenses
in the handling of cases. Consequently, in order to avoid
tremendous losses to the judiciary, and to the government
as well, the payment of docket fees cannot be made
dependent on the outcome of the case, except when the
claimant is a pauper-litigant.
Applied to the instant case, respondents have a specific
claim—1/3 of the value of all the partnership assets—but
they did not allege a specific amount. They did, however,
estimate the partnership’s total assets to be 21
worth Thirty
Million Pesos (P30,000,000.00), in a letter addressed to
petitioner. Respondents cannot now say that they are
unable to make an estimate, for the said letter and the
admissions therein form part of the records of this case.
They cannot avoid paying the initial docket fees by
conveniently omitting the said amount in their amended
complaint. This estimate can be made the basis for the
initial docket fees that respondents should pay. Even if it
were later established that the amount proved was less or
more than the amount alleged or estimated, Rule 141,
Section 5 (a) of the Rules of Court specifically provides that
the court may refund the excess or exact additional fees
should the initial payment be insufficient. It is clear that it
is only the difference between the amount finally
_______________
19 Supra.
20 Ibid., p. 680.
21 Record, p. 32.
442
The court acquires jurisdiction over the action if the filing of the
initiatory pleading is accompanied by the payment of the requisite
fees, or, if the fees are not paid at the time of the filing of the
pleading, as of the time
_______________
443
_______________
444
27
against the person. Furthermore, there is no showing that
the parcels of land involved in this case are being disputed.
In fact, it is only incidental that part of the assets of the
partnership under liquidation happen to be parcels of land.28
The time-tested case of Claridades v. Mercader, et al.,
settled this issue thus:
The fact that plaintiff prays for the sale of the assets of the
partnership, including the fishpond in question, did not change
the nature or character of the action, such sale being merely a
necessary incident of the liquidation of the partnership, which
should precede and/or is part of its process of dissolution.
_______________
445
_______________
446
_______________
447
——o0o——
448