SC gives way .c.to inventor's c.royalty claim .c.vs oil firms

BAGUIO CITY - The Supreme Court decided last week to allow a pauper inventor to press his royalty claim against four oil firms which have allegedly used his coco-diesel fuel invention for 17 years without paying him a single centavo.

In a landmark decision, the High Court's First Division ruled here that inventor Adrian de la Paz can now file his claim by paying the required docket fees in installments.

De la Paz filed a royalty claim against Shell Petroleum Corp., Caltex Phils. Inc., Mobil Oil Phils. Inc. and Petron Corp. on March 7, 1983 for allegedly using his coco-diesel fuel which was patented under his name two years earlier.

While he did not mention in his complaint the amount of damages he was claiming, De la Paz said "conservative estimate" of the value of his invention could reach more than P934 million annually, based on the 20 million barrels which the oil firms were selling yearly at a price of P2.938 per liter at that time.

Of this estimate, he said he should receive at least P236.6 million in royalties.

However, the inventor paid only P252 in docket fees when he filed his case with the Olongapo City court. The amount was based on his attorney's fees of P200,000.

The oil firms sought the dismissal of the complaint, saying that since the courts require a docket fee of P1 for every P1,000 in damages being sought by a complainant, De la Paz should be asked to deposit about P945,647. The court dismissed the case.

In 1985, De la Paz filed a motion for reconsideration, telling the court to deduct his docket fees from whatever royalties he would get from the oil firms. His appeal was again denied.

A year later, the inventor elevated his case to the Court of Appeals. Three years passed and he filed a motion to be considered a pauper litigant while lowering his demand from P237 million to P163 million. The appellate court rejected both petitions.