This case has been cited 3 times or more.
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2014-11-19 |
MENDOZA, J. |
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| Finally, as to the issue of petitioners' counsel's compliance with the MCLE Certifications, the Court notes that the required MCLE Certificates, showing fulfilment of the requirements for the fourth compliance period, have been submitted. This renders the issue moot. Suffice it to state that the Court "cannot look with favor on a course of action which would place the administration of justice in a straightjacket, for then the result would be a poor kind of justice if there would be justice at all. Verily, judicial orders are issued to be obeyed, nonetheless a non-compliance is to be dealt with as the circumstances attending the case may warrant. What should guide judicial action is the principle that a party-litigant is to be given the fullest opportunity to establish the merits of his complaint of defense rather than for him to lose life, liberty, honor or property on technicalities."[35] | |||||
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2012-12-10 |
PERALTA, J. |
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| In Obut v. Court of Appeals,[13] this Court reiterated that it "cannot look with favor on a course of action which would place the administration of justice in a straightjacket, for then the result would be a poor kind of justice if there would be justice at all. Verily, judicial orders are issued to be obeyed, nonetheless a non-compliance is to be dealt with as the circumstances attending the case may warrant. What should guide judicial action is the principle that a party-litigant if to be given the fullest opportunity to establish the merits of his complaint of defense rather than for him to lose life, liberty, honor or property on technicalities." | |||||
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2004-02-23 |
CARPIO, J. |
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| Even if an appellant failed to file a motion for extension of time to file his brief before the expiration of the reglementary period, the Court of Appeals does not necessarily lose jurisdiction to decide the appealed case. The Court of Appeals has discretion to dismiss or not to dismiss appellant's appeal, which discretion must be soundly exercised in accordance with the tenets of justice and fair play having in mind the circumstances obtaining in each case.[37] | |||||