[08] Sun Insurance Office, Ltd., (SIOL) vs. Asuncion.pdf - SUPREME COURT REPORTS ANNOTATED VOLUME 170 274 12:56 AM SUPREME COURT REPORTS ANNOTATED Sun

[08] Sun Insurance Office, Ltd., (SIOL) vs. Asuncion.pdf -...

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1/13/19, 12:56 AM SUPREME COURT REPORTS ANNOTATED VOLUME 170 Page 1 of 16 274 SUPREME COURT REPORTS ANNOTATED Sun Insurance Office, Ltd., (SIOL) vs. Asuncion G.R. Nos. 79937-38. February 13, 1989. * SUN INSURANCE OFFICE, LTD., (SIOL), E.B. PHILIPPS AND D.J. WARBY, petitioners, vs. HON. MAXIMIANO C. ASUNCION, Presiding Judge, Branch 104, Regional Trial Court, Quezon City and MANUEL CHUA UY PO TIONG, respondents. Remedial Law; Civil Procedure; Actions; Statutes regulating the procedure of courts are applicable to actions pending and undetermined at the time of their passage. ·On the other hand, private respondent claims that the ruling in Manchester cannot apply retroactively to Civil Case No. Q-41177 for at the time said civil case was filed in court there was no such Manchester ruling as yet. Further, private respondent avers that what is applicable is the ruling of this Court in Magaspi v. Ramolete, wherein this Court held that the trial court acquired jurisdiction over the case even if the docket fee paid was insufficient. The contention that Manchester cannot apply retroactively to this case is untenable. Statutes regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retrospective in that sense and to that extent. Same; Same; Same; Jurisdiction; Complaint; Docket Fees; It is not only the filing of the complaint, but the payment of the prescribed docket fee, that vests a trial court with jurisdiction over the subject matter or nature of the action. ·It is not simply the filing of the complaint or appropriate initiatory pleading, but the payment of the prescribed docket fee, that vests a trial court with jurisdiction over the subject-matter or nature of the action. Where the filing of the initiatory pleading is not accompanied by payment of the docket
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1/13/19, 12:56 AM SUPREME COURT REPORTS ANNOTATED VOLUME 170 Page 2 of 16 fee, _______________ * EN BANC. 275 VOL. 170, FEBRUARY 13, 1989 275 Sun Insurance Office, Ltd., (SIOL) vs. Asuncion the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period. Same; Same; Same; Same; Same; Same; Permissive Counter- claims; Third-Party Claims; Permissive counter-claims, third-party claims and the like shall not be considered filed until and unless the prescribed filing fee is paid. ·The same rule applies to permissive counterclaims, third-party claims and similar pleadings, which shall not be considered filed until and unless the filing fee prescribed therefor is paid. The court may also allow payment of said fee within a reasonable time but also in no case beyond its applicable prescriptive or reglementary period.
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