1/13/19, 12:56 AMSUPREME COURT REPORTS ANNOTATED VOLUME 170Page 1 of 16274SUPREME COURT REPORTS ANNOTATEDSun Insurance Office, Ltd., (SIOL) vs. AsuncionG.R. Nos. 79937-38. February 13, 1989.*SUN INSURANCE OFFICE, LTD., (SIOL), E.B. PHILIPPSAND D.J. WARBY, petitioners, vs.HON. MAXIMIANO C.ASUNCION, Presiding Judge, Branch 104, Regional TrialCourt, Quezon City and MANUEL CHUA UY PO TIONG,respondents.Remedial Law; Civil Procedure; Actions; Statutes regulating theprocedure of courts are applicable to actions pending andundetermined at the time of their passage.·On the other hand,private respondent claims that the ruling in Manchestercannotapply retroactively to Civil Case No. Q-41177 for at the time saidcivil case was filed in court there was no such Manchesterruling asyet. Further, private respondent avers that what is applicable is theruling of this Court in Magaspi v. Ramolete,wherein this Courtheld that the trial court acquired jurisdiction over the case even ifthe docket fee paid was insufficient. The contention thatManchestercannot apply retroactively to this case is untenable.Statutes regulating the procedure of the courts will be construed asapplicable to actions pending and undetermined at the time of theirpassage. Procedural laws are retrospective in that sense and to thatextent.Same; Same; Same; Jurisdiction; Complaint; Docket Fees; It isnot only the filing of the complaint, but the payment of theprescribed docket fee, that vests a trial court with jurisdiction overthe subject matter or nature of the action.·It is not simply the filingof the complaint or appropriate initiatory pleading, but the paymentof the prescribed docket fee, that vests a trial court with jurisdictionover the subject-matter or nature of the action. Where the filing ofthe initiatory pleading is not accompanied by payment of the docket
1/13/19, 12:56 AMSUPREME COURT REPORTS ANNOTATED VOLUME 170Page 2 of 16fee,_______________*EN BANC.275VOL. 170, FEBRUARY 13, 1989275Sun Insurance Office, Ltd., (SIOL) vs. Asuncionthe court may allow payment of the fee within a reasonable timebut in no case beyond the applicable prescriptive or reglementaryperiod.Same; Same; Same; Same; Same; Same; Permissive Counter-claims; Third-Party Claims; Permissive counter-claims, third-partyclaims and the like shall not be considered filed until and unless theprescribed filing fee is paid.·The same rule applies to permissivecounterclaims, third-party claims and similar pleadings, whichshall not be considered filed until and unless the filing feeprescribed therefor is paid. The court may also allow payment ofsaid fee within a reasonable time but also in no case beyond itsapplicable prescriptive or reglementary period.