G.R. No. 123215 - NATIONAL STEEL CORPORATION, VS. COURT OF APPEALS, HON. ARSENIO J. MAGPALE, AND JOSE MA. P. JACINTO. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed that judgment be rendered: 1. Ordering NSC to execute a deed of assignment re-transferring unto plaintiff the MGCCI certificate issued to the former in replacement of Stock Certificate No. 1361 and to surrender said Deed of Assignment, together with the MGCCI certificate issued to NSC (in replacement of Stock Certificate No. 1361) for cancellation thereof and to order MGCCI to cancel said stock certificate and issue a new one in the name of Jose Ma. P. Jacinto; 2. If for any reason whatsoever NSC fails or refuses to execute the deed of assignment and surrender NSC's replacement stock certificate, MGCCI be ordered to: 2.1. Cancel in its stock and transfer book the stock certificate issued to NSC issued in replacement of certificate No. 1361; 2.2. Issue a new stock certificate in the name of NSC or the stock certificate that might have been issued in replacement thereof. 2.3. Declare as lost and of no force and effect the MGCCI stock certificate now outstanding and registered in the name of NSC. 3. Ordering NSC and MGCCI to pay plaintiff, jointly and severally: 3.1. P1 Million as moral damages; and 3.2. P100,000.00 as attorney's fees. Other reliefs are also prayed for. [3] Petitioner NSC sought the dismissal of the complaint on the ground of prescription, but its motion was denied by the trial court in an order, dated November 9, 1990. Petitioner NSC brought a special civil action for certiorari in the Court of Appeals, but again its petition was dismissed by the appellate court on August 30, 1991. Its attempt to secure review in this Court failed as its petition was dismissed in a resolution, dated March 18, 1992. Petitioner NSC then filed its answer, after which trial was held. It thereafter filed a motion [4] to dismiss the complaint against it on the ground of lack of jurisdiction. It alleged: Plaintiff paid docket and other fees totalling P4,040.00. The certification of Clerk of Court Ma. Corazon Cecelia P. Cuba is attached as Annex A. 2. Under Sec. 7(a) of Rule 141, as amended by the Resolution of the Supreme Court En Banc dated September 4, 1990, the docket fees "for filing an action . . . . is P600 for the first P150,000.00 and P5.00 for each P1,000.00 in excess of P150,000.00." 3. The actual value of the MGCCI share certificate as of February, 1990, when the complaint was filed, was P5,511,000.00. A certification issued by the MGCCI attesting to the fair market value of a MGCCI share is attached as Annex B. 4. This means that the correct docket fee for the filing of plaintiff's complaint is approximately P26,805.00 and not P4,040.00 which is the amount plaintiff actually paid. . . . . 6. The failure of plaintiff to pay the correct filing fees on February 13, 1990 meant that this court did not acquire jurisdiction over plaintiff's action. Under the ruling of Sun Insurance, and as explained below, the plaintiff cannot now pay the deficiency in the filing fees because it is already "beyond the applicable p