EN BANC
[G.R. No. 206105. April 11, 2013.]
ROMEO A. RAAGAS, petitioner, vs. COMMISSION ON ELECTIONS AND DAISY FUENTES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated APRIL 11, 2013, which reads as follows:
"G.R. No. 206105 (Romeo A. Raagas v. Commission on Elections and Daisy Fuentes). — The Court resolves, after a review of the records, to DISMISS the petition and AFFIRM the Decision of the Commission on Elections (COMELEC) En Banc in EAC (BRGY-SK) 339-2011. The petition failed to show that the COMELEC Second Division and the COMELEC En Banc committed grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the appeal on the ground of nonpayment or incomplete payment of the two appeal fees. For an appeal to be perfected in an election case from the trial court, the appellant must: (1) file his Notice of Appeal and pay the P1,000.00 appeal fee within the five-day reglementary period to the trial court that rendered the assailed decision, pursuant to A.M. No. 07-4-15-SC; and (2) pay to the COMELEC Cash Division the additional P3,750.00 appeal fee within 15 days from the time of the filing of the Notice of Appeal with the lower court pursuant to Section 3, Rule 40 of the COMELEC Rules of Procedure, as amended by Resolution 02-0130, series of 2002. Any error in the matter of nonpayment or incomplete payment of the two appeal fees in election cases is no longer excusable and is a cause for the outright dismissal of the appeal." 1 (adv110)
Very truly yours,
ENRIQUETA E. VIDALClerk of Court
By:
(SGD.) FELIPA B. ANAMADeputy Clerk of Court En Banc
Footnotes
1.Batalla v. Commission on Elections, G.R. No. 184268, September 15, 2009, 599 SCRA 761, 774, citing Divinagracia v. Commission on Elections, G.R. Nos. 186007 & 186016, July 27, 2009, 594 SCRA 147, 157.