FIRST DIVISION
[G.R. No. 222866. October 13, 2021.]
OFELIA D. CRUZ, petitioner, vs.PEOPLE OF THE PHILIPPINES AND DR. FE DEL MUNDO MEDICAL CENTER FOUNDATION, INC., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 13, 2021which reads as follows:
"G.R. No. 222866 — Ofelia D. Cruz v. People of the Philippines and Dr. Fe Del Mundo Medical Center Foundation, Inc.
The petition must fail.
Preliminarily, the Court notes that the main issues raised here — non-payment of docket fees before the trial court, lack of authority of Edgardo M. Cailao (Cailao) to pursue the case on behalf of Dr. Fe Del Mundo Medical Center Foundation Philippines, Inc. (Del Mundo Medical Center), and the alleged separate identity of Children's Medical Center Philippines from Del Mundo Medical Center — all pertain to questions of fact.
The Rules of Court, however, ordains that only questions of law may be raised in Rule 45 petitions since the Court is not a trier of facts. 1 As such, it will not assess all over again the evidence adduced by the parties, particularly when the findings of both the trial court and the Court of Appeals completely coincide, as here. 2 On this score, the present petition has not adduced any cogent reason to deviate from this rule. In view of the foregoing considerations, therefore, the petition should be dismissed outright.
But even on the merits, the petition must fail.
First. Petitioner is barred from assailing the jurisdiction of the courts below on ground of non-payment of docket fees. Generally, lack of jurisdiction may be raised as an argument at any time, even for the first time on appeal. As an exception, however, the doctrine of estoppel by laches may operate to bar a jurisdictional dispute. 3 CAIHTE
Here, petitioner raised the issue of jurisdiction for the first time before this Court. Prior to this, she did not raise the issue of jurisdiction before the Metropolitan Trial Court, the Regional Trial Court, and even the Court of Appeals. She cannot therefore be allowed to change her tune now just because the rulings rendered on appeal were not favorable to her.
In any event, the unpaid docket fees will not automatically divest the courts below of their jurisdiction over the subject matter; the deficiency in payment may simply constitute a lien on the judgment award. 4
Second. As uniformly held by the courts below, Cailao's authority to represent the Del Mundo Medical Center was duly established by the Secretary's Certificate dated May 10, 2003. 5
Finally. Contrary to petitioner's claim, there is no doubt about the identity of her creditor. During the trial, Cailao was able to establish that the Del Mundo Medical Center and the Children's Medical Center Philippines are actually one and the same entity; Children's Medical Center Philippines simply changed its name through an amendment of its Articles of Incorporation. 6 The Del Mundo Medical Center, therefore, is the rightful recipient of the amount due from petitioner as partial payment of her unpaid rent for her occupancy and use of the property belonging to Del Mundo Medical Center.
All told, we affirm petitioner's civil liability of P400,000.00 to the Del Mundo Medical Center. We, nevertheless, delete the award of attorney's fees for lack of factual and legal basis.
In accordance with Nacar v. Gallery Frames, 7 the monetary award shall earn twelve percent (12%) legal interest per annum from May 26, 2004, when the Information in Criminal Case No. 126806 (for violation of Batas Pambansa Blg. 22) was filed, until June 30, 2013; and six percent (6%) legal interest per annum from July 1, 2013 until fully paid. 8
WHEREFORE, the appeal is DENIED. The Decision dated June 10, 2015 of the Court of Appeals in CA-G.R. SP No. 126700 is AFFIRMED WITH MODIFICATION.
Petitioner OFELIA D. CRUZ is DIRECTED to pay P400,000.00 to the Dr. Fe Del Mundo Medical Center Foundation, Inc. This award shall earn twelve percent (12%) legal interest per annum from May 26, 2004 when the Information was filed until June 30, 2013, and six percent (6%) legal interest per annum from July 1, 2013 until fully paid. DETACa
SO ORDERED." Lopez, M., J., took no part. Gaerlan, J., designated Additional Member per Raffle dated October 6, 2021.
By Authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. See Gatan v. Vinarao, 820 Phil. 257, 265 (2017).
2.Id. at 273-274, citing BPI v. Leobrera, 461 Phil. 461, 469 (2003).
3. See Victoria Manufacturing Employees Union v. Victoria Manufacturing Corporation, G.R. No. 234446, July 24, 2019, citing Tijam v. Sibonghanoy, 131 Phil. 556 (1968).
4. See Ramones v. Spouses Guimoc, 838 Phil. 542, 552 (2018).
5.Rollo, p. 98.
6.Id., at 110-119.
7. 716 Phil. 267, 281 (2013).
8. See Chua v. People, 763 Phil. 644, 667 (2015) and Ongkingo v. Sukiyama and People, G.R. No. 217787, September 18, 2019.