Republic of the Philippines

Province of Sultan Kudarat

Municipality of Isulan
SANGGUNIANG BAYAN OF ISULAN

ELIZABETH A. ESCOSURA, GEDIOLICA D. ADMINISTRATIVE CASE NOS. 2019-04 to 09

DIMZON, JENNY C. CALISO, MELITA ,.
CAPACITE, VERONA E. JAVIER AND MARY
JEAN C. ESPINOSA, -all for-
Complainants,

-versus- ABUSE OF AUTHORITY under Section 60 (e) of

R.A. 7160 or the Local Government Code of
JOFER D. DURANA 1991
Punong Barangay of Dansuli
Isulan, Sultan Kudarat,
Respondent.
X--------------------------------------------------------x

DISSENTING OPINION

I vote to dismiss the complaint. The complaint did not follow the procedure in Section 4
of the Ordinance Prescribing Fees on Administrative Case filed against erring elective Barangay
Officials providing for the Rules and Regulations and for other purpose (Resolution No. 2011-
0361 SB).

The rules provides that to be considered as indigent the complaint must be

accompanied by the Certification by the barangay chairman concerned that he is an indigent
member of the barangay and validated by the Municipal Social Welfare and Development
Office.

In case the Barangay Chairman himself is the defendant, the Certification may be signed
by the Barangay Council member only after the refusal by the concerned barangay official that
the certification of being indigent may be issued by the Municipal Social Welfare and
Development Office.

In the instant case, the complaint did not pass by the Barangay Official concerned before
they secured the Certification from the Municipal Social Welfare and Development Office.

This rule must be strictly followed because payment of docket fees is a matter of
jurisdiction.

The complainant is seeking for the exception of the general rule. The general rule is that
there must be docket fee to be paid in filing of complaint and the exception to the payment of
docket fees is when the complainant is indigent.

The rules (Resolution No. 2011-0361 SB) Section 4, thereof provides for conditions or
requirements before the exceptions can be availed of.

Since the complainant seek for the exception then the conditions set to avail of the
exception must be strictly followed.
 The seriousness or importance of the payment of docket fees is reiterated in Section 47,
Article D of Resolution No. 2011-0361 SB which provides that:

Effect of failure to pay: Failure to pay the fees herein provided shall be a ground for non-
cognizance of the Sangguniang Bayan of the Administrative Case before it.

The Rules of Court is suppletory to this rules as provided in Section50, Article D of the
Resolution No. 2011-0361 SB.

The Rules of Court provides that:

Section 5. Fees to be paid by the advancing party. — The fees of the clerk
of the Court of Appeals or of the Supreme Court shall be paid him at the same
time of the entry of the action or proceeding in the court by the party who enters
the same by appeal or otherwise, and the clerk shall in all cases give a receipt for
the same and shall enter the amount received upon his book, specifying the date
when received, person from whom received, name of action in which received
and amount received. If the fees are not paid, the court may refuse to proceed
with the action until they are paid and may dismiss the appeal or the proceeding.

In the case of ALONZO GIPA, IMELDA MARO LLANO, JUANITO LUDOVICE,

VIRGILIO GOJIT, DEMAR BIT ANGCOR, FELIPE MONTALBAN AND DAISY M.
PLACER, vs. SOUTHERN LUZON INSTITUTE as represented by its Vice-President For
Operations and Corporate Secretary, RUBEN G. ASUNCION 1 the Supreme Court held
that:

The payment of the full amount of the docket fee is an indispensable step
for the perfection of an appeal. In both original and appellate cases, the court
acquires jurisdiction over the case only upon the payment of the prescribed
docket fees.

The Sangguniang Bayan of Isulan do not have the authority yet to hear the complaint.

IN VIEW OF THE FOREGOING decision, the complaint must be dismissed.

Respectfully submitted this 29th day of November, 2019 in Isulan, Sultan Kudarat.

ATTY. ARNOLD H. ARMADA

Sangguniang Bayan Member
Isulan, Sultan Kudarat

1
G.R. No.177425               June 18, 2014
 Republic of the Philippines
Province of Sultan Kudarat
Municipality of Isulan
SANGGUNIANG BAYAN OF ISULAN

ELIZABETH A. ESCOSURA, GEDIOLICA D. ADMINISTRATIVE CASE NOS. 2019-04 to 09

DIMZON, JENNY C. CALISO, MELITA ,.
CAPACITE, VERONA E. JAVIER AND MARY
JEAN C. ESPINOSA, -all for-
Complainants,

-versus- ABUSE OF AUTHORITY under Section 60 (e) of

R.A. 7160 or the Local Government Code of
JOFER D. DURANA 1991
Punong Barangay of Dansuli
Isulan, Sultan Kudarat,
Respondent.
X--------------------------------------------------------x

I move to dismiss the case.

The payment of docket fees is a condition precedent for the filing of this case. The
complainants are asking for the exemptions of the said rule on payment of docket fees. Basic is
the rule that exceptions should be strictly construed against the persons who wish to avail the
same.

In the instant case, the complainants failed to provide a Certificate of Indigency following the
correct procedures on issuance thereof. The rules provide that a certificate from the barangay
should be issued first prior to the issuance and confirmation of the DSWD that the complainant
is indigent.

It is not a reason to skip the said procedure even if the respondent is the barangay captain. The
barangay is composed of not only the barangay captain but also the barangay council who can
issue the said certification.

Any issuance of certificate of indingency without following the said rules and procedure will
result to non-compliance of the rules in filing a case. Liberal application is not applicable in this
case because the complainants were given ample opportunity to comply and correct the
requirements for filing of this case but they failed to do so.

Therefore, the exception should be strictly applied against the complainants and as a result the
case should be dismissed.