REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL CIRCUIT TRIAL COURT
xxxx

XXX;
Plaintiff,

Civil Case No. xxxx

-versus-

For: Unlawful Detainer

xxx;
Defendants.
x-----------------------------------------------------------x

MOTION FOR RECONSIDERATION

Plaintiff xxx, through the undersigned counsel, hereby files this
Motion for Reconsideration from the xxx Order of the Honorable Court, a
copy of which was received on xxx by the Plaintiff and respectively avers:
That –

1. In the Order dated xxx, the Honorable Court denied the Notice of
Appeal filed by the Plaintiff. According to the Honorable Court:

“For Failure to pay the necessary appellate court and other lawful
docket fees in accordance with Section 4 and 9 of Rule 141 of the
Rules of Court, the Notice of Appeal is hereby DENIED.”

2. Plaintiff humbly moves for reconsideration of the said Order by the

Honorable Court.

3. Under the rules, judgments or orders of the xxx Municipal Circuit

Trial Courts in actions for ejectments are appealable to the appropriate
regional trial court. Appeal is taken by filing a notice of appeal with
the said court within fifteen (15) days from the notice of the judgment.
As observed by the Supreme Court, the only requirement for taking an
appeal from the judgment of the Municipal Court is the filing of a
notice of appeal.

4. Nonetheless, the Rules of Court, which apply to ejectment cases in a

suppletory character, requires also the payment of the appropriate
docket fees. Delays in the payment of such docket fee should not
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 however result in the automatic dismissal or denial of the appeal and
the courts have been cautioned not to be so rigid and strict in applying
the rule.

5. In the case of Clemente Fontanar et., al., vs. Ruben Bonsubre et., al.,
GR. No. L-56315, November 25, 2986, the Supreme Court had the
occasion to state that:

“The issue raised, as above stated has been squarely resolved under a
similar set of circumstances in the case of NAWASA vs. Secretary of
Public Works and Communications, 16 SCRA 536 (1966) wherein this
Court, speaking thru Justice J.B.L. Reyes, laid down the rule that in
appealed cases, the failure to pay the appellate court docket fee does
not automatically result in the dismissal of the appeal, much less
affect the court's jurisdiction xxx”

6. In the instant case, Plaintiff has yet to pay the docket fees for the
notice of appeal for the reason that Plaintiff is awaiting notice from
the Clerk of Court on the exact amount thereof. Taken in the light of
the liberal stance adopted by the Supreme Court regarding the
payment of appellate court docket fee, as enunciated in Lopez vs.
Court of Appeals1, supra, that:

“To apply to petitioners the legal requirements strictly, would not only
tend to block the right of review to which a party is entitled under the
law, but also would amount to a complete departure from what We
said in the cases of Philippine National Bank vs. Philippine Milling
Co., Inc., et. al. (26 SCRA 712, 715) and reiterated in Maqui &
Maqui vs. Court of Appeals, et. al. (L-41609; February 24, 1976, 69
SCRA 368) that the provisions of Section 1, Rule 59 of the Revised
Rule of Court, which provides grounds for dismissal of appeal
"manifestly confers a power and does not impose a duty. What is
more, it is directory, not mandatory. Hence, it should be exercised
with a great deal of circumspection, considering all the attendant
circumstances.”

7. As clearly demonstrated, Plaintiff is ready and willing to pay the

docket and appeal fees, but due to time constraint, distance, and the
ongoing pandemic which imposes travel restrictions from different
jurisdictions, it cannot directly pay the said fees with the Honorable
Court in addition to the fact that it is still waiting the instructions from
the Honorable Court for the exact amount of the said fees to be paid.

PRAYER

1
75 SCRA 401
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 WHEREFORE, premises considered, plaintiff most respectfully pray
that the Order dated xxx issued by the Honorable Court denying the Notice
of Appeal filed by the Plaintiff be reconsidered and reversed.

That the Notice of Appeal be noted and given due course; that the
entire records of this case be immediately transmitted to the appropriate
Regional Trial Court concerned; and that the Plaintiff be required to pay the
docket and appeal fees as determined by the Honorable Court.

Other reliefs, just and equitable under the circumstances, are likewise
being prayed for.

RESPECTFULLY SUBMITTED.
xxx

xxx

NOTICE OF HEARING

xxx

GREETINGS:

Pursuant to the 2019 Revised Rules on Civil Procedures which deleted the
requirement of a notice of hearing under Section 4 of the old Rules, and in
compliance therewith, this motion was no longer set for hearing. However,
in accordance with Section 6, Rule 15 of the same Rules, should the Court in
its discretion, find the need to set this motion for hearing, the plaintiff and
counsel are willing to attend the same.

xxx
EXPLANATION

In view of the lack of messengerial manpower, distance and the

ongoing pandemic, a copy of the foregoing Motion is being filed and
furnished to the other parties in the above-stated addresses via registered
mail and through their given email addresses.

xxx