Tuesday, June 5, 2012

PLAINTIFF’S FAILURE TO PAY THE FILING FEES ON THE SUPPLEMENTAL COMPLAINT:

         The Regional Trial Court acquire jurisdiction over plaintiffs’ action from the moment they filed their original complaint accompanied by the payment of the filing fees due on the same. 


        Thus, the plaintiffs’ non-payment of the additional filing fees due on their additional claims did not divest the RTC of the jurisdiction it already had over the case (PNOC Shipping and Transport Corporation v. Court of Appeals, 358 Phil. 38, 62 (1998). x x x   However, as to the damages that plaintiffs claim under their supplemental complaint, the trial court should have treated their Supplemental Complaint as not filed.  A supplemental complaint is like any complaint and the rule is that the filing fees due on a complaint need to be paid upon its filing. (Section 1 (Payment of Fees) in relation to Section 7 (Fees collectible by the Clerks of Regional Trial Courts for filing an action). 


          The rules do not require the court to make special assessments in cases of supplemental complaints. Plaintiffs have no excuse for their continuous failure to pay the fees they owed the court. x x x (DO-ALL METALS INDUSTRIES vs. SECURITY BANK CORPoration, G.R. No. 176339, January 10, 2011, ABAD, J.).

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