The Supreme Court on Friday denied the petition of the heirs of the late president Ferdinand Marcos to recover ownership of a 10-percent block in Eastern Telecommunications Philippines Inc. (ETPI) after failing to pay docket fees.

In a 12-page decision penned by Division Chairman Senior Associate Justice Reynato S. Puno, the Court’s Second Division affirmed the Sandiganbayan resolution dated February 15, 1999 that dismissed Civil Case No. 0183 filed by the Marcoses.

The controversy involves the compromise agreement entered into by former Ambassador Roberto S. Benedicto, an alleged Marcos crony, with the Presidential Commission on Good Government (PCGG) where Benedicto surrendered 51 percent of his equity in ETPI, consisting of 2,652,000 shares, which is equivalent to 10.2 percent of ETPI's total capital stock.

The Court reiterated the rule that "parties filing civil actions before the Sandiganbayan are liable to pay the required docket fees."

"The rule is clear. It is not simply the filing of the complaint or appropriate initiatory pleading, but also the payment of the prescribed docket fee, that vests the trial court with jurisdiction over the subject matter or nature of the action," the Court said.

"The petitioners, through their belated filing of numerous motions of extensions to file their reply instead of manifesting a willingness to abide by the ruling of the Sandiganbayan on the proper docket fees to be paid, have clearly slept on their rights. Prescription has already set in, thereby barring their right of action," the Court said.

In 1998, the Marcos heirs, alleging ownership, filed a complaint for declaration of ownership, accounting, and damages against the PCGG.

The Marcos heirs paid only a filing fee of P4,850 and did not anymore, as required by the anti-graft court, pay an additional P1.327 million in docket fee as computed per the Revised Rules of Court on filing fees. - GMANews.TV