THIS time, the Marcoses lost.
Because of their refusal to pay P1.327 million in docket or filing fee, the heirs of the late strongman Ferdinand Marcos lost a civil case to recover P265.2 million worth of shares of Eastern Telecommunications Philippines Inc.
In a six-page resolution, the Sandiganbayan's fourth division ''dismissed for lack of jurisdiction'' the civil case filed by the Marcoses against the Presidential Commission on Good Government which had earlier sequestered their 2.652 million ETPI shares.
The Sandiganbayan said it did not acquire jurisdiction over the case because the not pay the correct docket fee.
The Marcoses only paid P4,850 and cited Section 4 of Republic Act 7975 which allegedly set rules for ''inexpensive procedure for the speedy disposition'' of cases in all courts.
They also cited Section 11 of Presidential Decree 1606 which state ''All proceedings in the Sandiganbayan shall be conducted at no cost to the complainants and/or his witnesses.''
But the Sandiganbayan said that these contentions were ''untenable'' and did not apply to the case.
The decision penned by Associate Justice Sabino de Leon Jr., chair of the Sandiganbayan's fourth division, cited the high tribunal's ruling in Manchester Development Corp. vs. the Court of Appeals.
''Without payment by the plaintiffs of the correct amount of docket fees as prescribed in section 7 of Rule 141, this Court did not acquire jurisdiction over the case at bar,'' he said.
''To repeat, that significant ruling (in Manchester) is that: The court acquires jurisdiction over any case only upon the payment of prescribed docket fee,'' he said.
By Donna S. Cueto
Philippine Daily Inquirer, February 26, 1999 |