Lu V Lu Ym Digest

LU v.
LU YM
G.R. No. 153690 / AUG 4, 2009 / NACHURA, J. / CIVPRO-JURISDICTION OF RTC /
RPNICOLAS
NATURE: Motion for Reconsideration

PETITIONERS: David Lu
RESPONDENTS: Paterno Lu Ym, Sr. et al.
SUMMARY. In this case, the Lu Ym father and sons moved to reconsider

the decision of the Court in 2008 that the complaint filed by David et al.
was incapable of pecuniary estimation. The father and sons point out that
the case filed by David et al. allege the real value of the shares, based on
underlying real estate values worth P1,087,055,105. The Court resolved
that it was indeed capable of pecuniary estimation and that the trial court
did not acquire jurisdiction over the case filed by David et al. since they did
not pay the correct docket fees.
DOCTRINE. A court acquires jurisdiction over a case only upon the
payment of the prescribed fees. Hence, without payment of the correct
docket fees, the trial court did not acquire jurisdiction over the action filed
by David, et al.
FACTS.
On August 14, 2000, David Lu, Rosa Go, Silvano Ludo and CL
Corporation filed with the Regional Trial Court (RTC) of Cebu City a
complaint against Paterno Lu Ym, Sr., Paterno Lu Ym, Jr., Victor Lu Ym,
John Lu Ym, Kelly Lu Ym, and Ludo & Luym Development Corporation
(LLDC) for Declaration of Nullity of Share Issue, Receivership and
Dissolution.
The plaintiffs, shareholders of LLDC, claimed that the Lu Ym father and

sons, as members of the Board of Directors, caused the issuance to the
latter of 600,000 of the corporations unsubscribed and unissued
shares for less than their actual value. They then prayed for the
dissolution of the corporation and the appointment of a receiver during
the pendency of the action.
The defendants moved to dismiss the complaint but were denied and
placed LLDC under receivership.
Defendants Lu Ym father and sons elevated the matter to the Court of

Appeals through a petition for certiorari but was still denied. They refiled the petition and was granted.
The Lu Ym father and sons then filed with the trial court a motion to lift
the order of receivership over LLDC. Before the matter could be heard,
David instituted a petition for certiorari and prohibition before the CA
on the issue of the motion to lift order of receivership.
On February 27, 2003, the CA granted the petition and ruled that the
proceedings on the receivership could not proceed without the parties
amending their pleadings. The Lu Ym father and sons thus filed a
petition for review with this Court.
On March 31, 2003, the plaintiffs therein filed a Motion to Admit

Complaint to Conform to the Interim Rules Governing IntraCorporate
Controversies, which was admitted by the trial court.
On January 23, 2004, the Lu Ym father and sons inquired from the Clerk
of Court as to the amount of docket fees paid by David, et al. John Lu
Ym further inquired from the Office of the Court Administrator (OCA) on
the correctness of the amount paid by David, et al. The OCA informed
John Lu Ym that a query on the matter of docket fees should be
addressed to the trial court and not to the OCA.
On March 1, 2004, the RTC decided the case on the merits. It annulled
the issuance of LLDCs 600,000 shares of stock to the Lu Ym father and
sons. It also ordered the dissolution of LLDC and the liquidation of its
assets, and created a management committee to take over LLDC. The
Lu Ym father and sons appealed to the CA.
In our August 26, 2008 Decision, we declared that the subject matter of
the complaint filed by David, et al., was one incapable of pecuniary
estimation. Movants beg us to reconsider this position, pointing out
that the case filed below by David, et al., had for its objective the
nullification of the issuance of 600,000 shares of stock of LLDC. The
complaint itself contained the allegation that the real value of these
shares, based on underlying real estate values, was One Billion Eighty
Seven Million Fifty Five Thousand One Hundred Five Pesos
(P1,087,055,105).
Upon deeper reflection, we find that the movants claim has merit. The
600,000 shares of stock were, indeed, properties in litigation. They
were the subject matter of the complaint, and the relief prayed for
entailed the nullification of the transfer thereof and their return to
LLDC.
Thus, to the extent of the damage or injury they allegedly have
suffered from this sale of the shares of stock, the action they filed can
be characterized as one capable of pecuniary estimation. The shares of
stock have a definite value, which was declared by plaintiffs
themselves in their complaint. Accordingly, the docket fees should
have been computed based on this amount. This is clear from the
following version of Rule 141, Section 7, which was in effect at the time
the complaint was filed.
ISSUES & RATIO.

1. WON the trial court acquired jurisdiction over the action filed
by David NO.
We have earlier held that a court acquires jurisdiction over a case
only upon the payment of the prescribed fees. Hence, without
payment of the correct docket fees, the trial court did not acquire
jurisdiction over the action filed by David, et al. We also stated in
our Decision that the earlier rule in Manchester Development
Corporation v. Court of Appeals has been relaxed. Subsequent
decisions now uniformly hold that when insufficient filing fees are
initially paid by the plaintiffs and there is no intention to defraud
the government, the Manchester rule does not apply.
DECISION.
The trial court did not acquire jurisdiction over the action filed by David.
Consequently, all interlocutory matters pending before this Court,
specifically the incidents subject of these three consolidated petitions,

must be denied for being moot and academic.

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LU v.

NATURE: Motion for Reconsideration

SUMMARY. In this case, the Lu Ym father and sons moved to reconsider

The plaintiffs, shareholders of LLDC, claimed that the Lu Ym father and

Defendants Lu Ym father and sons elevated the matter to the Court of

On March 31, 2003, the plaintiffs therein filed a Motion to Admit

ISSUES & RATIO.

specifically the incidents subject of these three consolidated petitions,

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