Failure to pay the docket fees

Problem:

David M. Wenceslao received a copy of the trial court's Order dismissing his complaint filed on May 14, 2004. On May 17, 2004, Wenceslao filed its notice of appeal within the reglementary period. Wenceslao paid the required docket fees only on October 20, 2004, or late by almost five months. The CA dismissed the appeal.

Was the CA correct in dismissing Wenceslao appeal?

Answer:

Petitioner failed to perfect its appeal.

The rule is that appellate court docket and other lawful fees must be paid within the period for taking an appeal. Section 1(c), Rule 50 of the Rules provides that “Section 1. Grounds for dismissal of appeal.–An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds: xxx (c) Failure of the appellant to pay the docket and other lawful fees as provided in Section 4 of Rule 41;

Hence, the CA, on its own motion or that of the appellee, may dismiss the appeal on the ground that appellant failed to pay the docket and other lawful fees.