G.R. NO. 142535 - CARME CASPE, VS. COURT OF APPEALS AND SUSAN S. VASQUEZ.

Ruling

WHEREFORE, premises considered, judgment is hereby rendered ordering defendant Carme Caspe to pay plaintiff Susan Vasquez y Soriano, the following: The amount of Php67,234.59 representing her medical expenses; The amount of Php200,000 as and by way of moral damages; The amount of Php100,000 as and by way of reasonable attorney's fees; and The costs of suit. [5] On March 17, 1999, a notice of appeal [6] was filed by petitioner's counsel but without paying the docket and other lawful fees. On September 14, 1999, the Court of Appeals dismissed the appeal for failure to pay the docket and other fees within the period for taking an appeal. [7] On October 1, 1999, petitioner's counsel moved for reconsideration [8] on the ground of excusable mistake in failing to pay the requisite fees. Petitioner was allegedly out of town and counsel had to wait for his return in order to get payment for the fees. However, due to counsel's workload, he overlooked the payment. Enclosed in the motion was the postal money order in the amount of P420 as docket fees. [9] On February 9, 2000, the Court of Appeals denied the motion. [10] Hence, this petition. Appeal is not a right but a mere statutory privilege. It must be exercised strictly in accordance with the provisions set by law. [11] Rule 41 of the Rules of Court provides that an appeal to the Court of Appeals from a case decided by the regional trial court in the exercise of the latter's original jurisdiction shall be taken within 15 days from the notice of judgment or final order appealed from. Such appeal is made by filing a notice thereof with the court that rendered the judgment or final order and by serving a copy of that notice on the adverse party. Furthermore, within the same period, appellant should pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket and other fees. Payment of docket and other fees within this period is mandatory for the perfection of the appeal. Otherwise, the right to appeal is lost. In short, the payment of appellate docket fees is not a mere technicality of law or procedure. It is an essential requirement, without which the decision or final order appealed from becomes final and executory [12] as if no appeal was filed. Petitioner received a copy of the RTC decision on March 4, 1999. [13] From this period, he had 15 days to file a notice of appeal and to pay the docket and other fees. The mere filing of the notice of appeal within the prescribed period was not enough. It should have been accompanied by the payment of the docket and other fees, an indispensable step for the perfection of the appeal. Although admitting inadvertence, petitioner argued that the Court of Appeals gravely abused its discretion when it denied a liberal application of the rules on the payment of docket fees which were paid "within a reasonable time." However, the undisputed fact is that there was a delay of almost seven months. This,