Failure to pay appeal fee gives court DISCRETION to dismiss with prudence

Case after case, this Court stressed the rule that failure to pay the appellate court docket fee within the reglementary period confers a discretionary, and not mandatory, power to dismiss the proposed appeal, and that such power should be used in the exercise of the courts sound judgment in accordance with the tenets of justice and fair play and with a great deal of circumspection considering all attendant circumstances. Said discretion must be exercised wisely and prudently, never capriciously, with a view to substantial justice.