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Question 15
4. The Regional Trial Court (RTC) rendered a decision against Kat. She received a copy of the decision on December 26, 2021. Kat’s counsel filed with the Supreme Court a petition for review on
certiorari
under Rule 45 by registered mail on January 10, 2022. The petition was dismissed for failure to pay the docket fees within the reglementary period. Kat’s counsel challenged the dismissal arguing that: (i) the intention was to pay the docket fees after the same is assessed upon the court’s receipt of the petition by registered mail; and (ii) the dismissal of the petition effectively rendered nugatory a party’s statutory right to appeal by registered mail under the rules. Kat’s counsel also added that she did not want to include cash money in the mail.
Is Kat’s counsel correct? Explain briefly. (5 points)
Model answer · ALAC
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