G.R. No. 156278 - PLANTERS PRODUCTS, INC., VS. FERTIPHIL CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly garnished. On January 5, 2001, Fertiphil moved to dismiss PPIs appeal from the trial courts Decision dated November 20, 1991 citing as grounds the non-payment of the appellate docket fee and alleged failure of PPI to prosecute the appeal within a reasonable time. The trial court denied the motion in an Order dated April 3, 2001 ruling that the payment of the appellate docket fee within the period for taking an appeal is a new requirement under the 1997 Rules of Civil Procedure which was not yet applicable when PPI filed its appeal in 1992. Moreover, the court found that PPI did not fail to prosecute the appeal within a reasonable time. On April 5, 2001, the court issued another order, upon PPIs motion, directing Fertiphils banks to deliver to the Deputy Sheriff the garnished deposits maintained with them and for the levying upon of the surety bond posted by Fertiphil. Fertiphil moved to reconsider the Orders dated April 3 and 5, 2001, to no avail. Hence, on October 30, 2001, it filed a special civil action for certiorari with the Court of Appeals imputing grave abuse of discretion on the part of the trial court in issuing the two orders. [4] The Court of Appeals partially granted the petition and set aside the Order dated April 3, 2001. It ruled that although PPI filed its appeal in 1992, the 1997 Rules of Civil Procedure should nevertheless be followed since it applies to actions pending and undetermined at the time of its passage. Due to PPIs failure to pay the appellate docket fee for three (3) years from the time the 1997 Rules of Civil Procedure took effect on July 1, 1997 until Fertiphil moved to dismiss the appeal in 2001, the trial courts decision became final and executory. The Court of Appeals thus disposed of the petition, viz : WHEREFORE, the instant petition is PARTIALLY GRANTED and the Order of 03 April 2001 of the Regional Trial Court of Makati City, Branch 147, is SET ASIDE. The decision of 20 November 1991 of the said court is hereby declared final and executory. The Clerk of Court is directed to return to the Regional Trial Court of Makati City, Branch 147, the record of Civil Case No. 17385 (sic) entitled Fertiphil Corporation vs. Planters Product(s) Inc., and Fertilizer and Pesticide Authority, for the computation of the amount due the petitioner Fertiphil Corporation pursuant to the 20 November 1991 decision. SO ORDERED.