In Ricardo C. Duco v. Commission on Elections and Narciso B. Avelino, the Supreme Court affirmed the COMELEC’s strict application of its rules regarding the payment of appeal fees. The Court ruled that failure to pay the correct appeal fee within the prescribed period is a fatal defect, leading to the dismissal of the appeal, highlighting the importance of complying with procedural rules in election cases. This decision underscores the principle that appeals are a statutory privilege, not a right, and must be exercised in strict accordance with the law.

Lost Appeal: When a Short Payment Silences an Election Protest

This case arose from a contested barangay election in Ibabao, Loay, Bohol, where Ricardo C. Duco was initially proclaimed the winner. His opponent, Narciso B. Avelino, filed an election protest, leading the Municipal Circuit Trial Court (MCTC) to recount the ballots. The MCTC then declared Avelino the duly elected Punong Barangay. Duco filed a notice of appeal but did not pay the full appeal fee as mandated by the COMELEC Rules of Procedure.

The COMELEC First Division dismissed Duco’s appeal due to the deficiency in the appeal fee payment. His subsequent motion for reconsideration was also denied because he failed to pay the required motion fees. The Court focused on whether the COMELEC committed grave abuse of discretion in strictly applying its rules. Central to this was an examination of whether the COMELEC properly handled the motion for reconsideration and the impact of non-compliance with appeal fee requirements.

Initially, the Supreme Court noted a procedural lapse by the COMELEC First Division in resolving the motion for reconsideration. According to Sec. 3, Article IX-C of the Constitution, motions for reconsideration must be decided by the COMELEC en banc, and Rules 5 and 6, Rule 19 of the COMELEC Rules of Procedure dictate the process, requiring notification to the Presiding Commissioner, certification to the en banc, and calendaring within specific timeframes. As these steps were not followed, the resolution denying the motion for reconsideration was deemed unconstitutional. However, the Court, citing the need for expediency in election cases, proceeded to address the underlying issue of the appeal’s dismissal.

The Court underscored that an appeal requires strict compliance with procedural rules, including the payment of prescribed fees. It referenced Sec. 9 (a), Rule 22 of the COMELEC Rules of Procedure, which explicitly states that failure to pay the correct appeal fee is grounds for dismissal. In this case, Duco filed his notice of appeal within the prescribed period but failed to remit the complete fee as specified in Sec. 3, Rule 40, as amended by COMELEC Resolution No. 02-0130. Moreover, he made the payment to the MCTC cashier instead of the Cash Division of the COMELEC.

The argument of good faith and reliance on a different fee structure (A.M. No. 07-4-15-SC) was rejected. The Court cited the warning in Loyola v. COMELEC, emphasizing there is no excuse for failing to pay the full amount of filing fees in election cases. Similarly, the Court noted the binding precedent of Zamoras v. Court of Appeals, which established the date of payment of filing fee to be the actual date of filing the notice of appeal.

The subsequent payment of the filing fee on 28 January 2003 did not relieve Zamoras of his mistake. A case is not deemed duly registered and docketed until full payment of the filing fee.

While it acknowledged that the plea for a liberal application of procedural rules should promote the ends of justice, it also pointed out the equal importance of adhering to established guidelines and avoiding delays. Consequently, the Court highlighted that appeal is a statutory privilege, not a right. Finally, the Court addressed the issue that the Resolution was not given to the MCTC and held that, as counsel, there is duty to keep abreast with pertinent legal developments.

Furthermore, the Court addressed COMELEC Resolution No. 8486 which seemingly created confusion by setting separate appeal fees between the COMELEC and the Supreme Court, and thereby addressed the significance of the perfection of an appeal in the context of existing Supreme Court rules.

In light of these considerations, the Court upheld the COMELEC’s dismissal of the appeal and deemed that no grave abuse of discretion had been committed.

FAQs

What was the central issue in this case?	The key issue was whether the COMELEC committed grave abuse of discretion in dismissing Duco’s appeal due to his failure to pay the correct appeal fee within the prescribed period. The Supreme Court had to determine if strict adherence to procedural rules was justified.
What are the appeal fee requirements in COMELEC cases?	The COMELEC Rules of Procedure, as amended by Resolution No. 02-0130, specify the required appeal fees. Failure to pay the correct amount or to pay it to the designated office (Cash Division of the COMELEC) within the prescribed period can lead to the dismissal of the appeal.
Can a deficiency in appeal fee payment be cured later?	No, the Supreme Court has consistently ruled that the payment of the deficiency beyond the five-day reglementary period does not cure the defect. The date of the appeal is considered to be the actual date of paying the appeal fees.
Is there any leniency for honest mistakes in appeal fee payment?	The Supreme Court has been strict, stating that after the Loyola v. COMELEC ruling, any claim of good faith, excusable negligence, or mistake in failing to pay the full amount of filing fees is no longer excusable.
Why did the Supreme Court address the main issue instead of remanding the case?	Despite acknowledging the COMELEC’s procedural error in resolving the motion for reconsideration en banc, the Supreme Court addressed the main issue directly, because of the need for quick resolutions of election disputes, and because the issue was raised in the petition.
What is the effect of COMELEC Resolution No. 8486?	COMELEC Resolution No. 8486 sought to clarify the process of payment of two appeal fees: one imposed by the Supreme Court and the other by COMELEC. Now any errors or deficiencies regarding those payments are no longer excusable.
Is an appeal a right or a privilege?	The Supreme Court reiterated that an appeal is not a right but a statutory privilege. It must be exercised strictly in accordance with the provisions set by law.
What is “grave abuse of discretion” in the context of this case?	Grave abuse of discretion exists when a tribunal exercises its power in a capricious, despotic, or arbitrary manner. The Supreme Court found that the COMELEC did not commit grave abuse of discretion, because it dismissed the appeal based on nonpayment of required fees.

This case serves as a reminder of the stringent requirements for perfecting appeals in election cases. Litigants must adhere strictly to the rules regarding payment of appeal fees to ensure their appeals are properly considered. Any misstep in compliance with procedural rules can have significant implications, potentially leading to the dismissal of the case and the loss of the right to appeal.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Ricardo C. Duco v. Commission on Elections, G.R. No. 183366, August 19, 2009