THE EFFECT OF A PARTY’S RELIANCE ON THE CLERK OF COURT’S INSUFFICIENT ASSESSMENT OF THE DOCKET FEES

Filing the appropriate initiatory pleading and the payment of the prescribed docket fees vest a trial court with jurisdiction over the subject matter (Sun Insurance Office, Ltd. v. Asuncion, G.R. Nos. 79937-38, February 13, 1989, 170 SCRA 274, 285). 

If the party filing the case paid less than the correct amount for the docket fees because that was the amount assessed by the clerk of court, the responsibility of making a deficiency assessment lies with the same clerk of court. In such a case, the lower court concerned will not automatically lose jurisdiction, because of a party’s reliance on the clerk of court’s insufficient assessment of the docket fees (Rivera v. Del Rosario, G.R. No. 144934, January 15, 2004, 419 SCRA 626, 635). 

As "every citizen has the right to assume and trust that a public officer charged by law with certain duties knows his duties and performs them in accordance with law," the party filing the case cannot be penalized with the clerk of court’s insufficient assessment (Ayala Land, Inc. v. Spouses Carpo, 399 Phil. 327, 334 (2000), citing Segovia v. Barrios, 75 Phil. 764, 767 (1946). However, the party concerned will be required to pay the deficiency (Fil-Estate Golf and Development, Inc. v. Navarro, G.R. No. 152575, June 29, 2007, 526 SCRA 51, 61 cited in MONTAÑER vs. SHARI’A DISTRICT COURT, G.R. No. 174975, January 20, 2009, First Division, Puno, C.J.).