REMIGIO MARASIGAN, petitioner, vs. PERFECTO R. PALACIO
and JOSE N. LEUTERIO, Judges of the Court of First Instance of Camarines Sur, and FAUSTO NORTE, respondents.
Jose R. Luntok, for petitioner.
Victoriano Yamzon, for respondent Judge Leuterio and Fausto Norte.
SYLLABUS
1. APPEAL; PAYMENT BY APPELLANT OF DOCKET FEE REQUIRED BY
CLERK OF COURT; DISMISSAL FOR FAILURE TO PAY DOCKET FEE IN FULL WITHIN REGLEMENTARY PERIOD; PRESUMPTION THAT PUBLIC OFFICER KNOWS AND PERFORMS HIS DUTIES. — Where an appellant was from the beginning ready and willing to pay into court the correct amount of docketing fee and the correct amount was not paid because paid of error of the clerk of the justice of the peace court, who believing P8 to be the correct fee, required petitioner to pay that amount only, it would be unjust to dismiss the appeal, just for that mistake of the government clerk. ( See also Segovia vs. Barrios et al., 42 Off. Gaz., 1233.)