Priscilla G. Agbayani v. The Heirs of Cypres Agbayani-Santiago

Summary

Priscilla Agbayani filed a partition case for her deceased husband's estate but failed to comply with trial court orders requiring complete inventory and proper inclusion of indispensable parties within reasonable time. The RTC dismissed the case under Section 3, Rule 17 when she filed an amended complaint without leave of court after an answer was already filed. Instead of filing a timely appeal, Priscilla resorted to certiorari which was dismissed by the Court of Appeals for being improper remedy and failure to pay docket fees. The Supreme Court affirmed, emphasizing that dismissals under Section 3, Rule 17 are adjudications on the merits requiring appeal, not certiorari. The Court stressed that appeal and certiorari are not substitute remedies, and timely payment of docket fees is mandatory and jurisdictional. The dismissal was without prejudice to other co-heirs' right to file partition actions, which right does not prescribe under Article 494 of the Civil Code.