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Respondents were stockholders of the Felix Gochan and Sons Realty Corporation
and the Mactan Realty Development Corporation. Respondents offered to sell their
shares in the two corporations to the individual petitioners in consideration of the
sum of P200,000,000:00. Petitioners accepted and paid the said amount to
respondents.
Respondents, through Crispo Gochan, Jr., required individual petitioners to execute
a "promissory note. The former drafted the promissory note in his own handwriting
and had the same signed by the petitioners. Unbeknown to petitioners, Crispo
Gochan, Jr. inserted in the "promissory note" a phrase that says, "Said amount is in
partial consideration of the sale."6
Petitioners filed their answer, raising the following affirmative defences one of which
is the lack of jurisdiction by the trial court for non-payment of the correct docket fees;
Trial court ruled in favor of the defendants. It cited that respondents paid the
necessary filing and docket fees of at least P165K.
MR denied. Petition for certiorari with CA dismissed. MR denied. Hence this petition.
ISSUE:
1. Did the respondent filed and paid the necessary docket fees to warrant courts
jurisdiction?
2. What is the real nature of the case?
3. What should be the basis for the assessment of the correct docket fees?
HELD:
1. NO
2. Real action not specific performance
performance and damages and that they actually paid the correct docket fees therefor
at the time of the filing of the complaint.
NOTE: The parties in the Sun Insurance case expressed willingness to pay the correct
docket fees