This case has been cited 3 times or more.
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2013-04-03 |
PEREZ, J. |
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| On 7 April 1997, petitioners Spouses Montano and Merlinda Tolosa (Spouses Tolosa) entered into a Credit Agreement with respondent United Coconut Planters Bank (UCPB) for the purpose of availing of the latter's credit facilities.[5] To secure their credit availments, the Spouses Tolosa executed deeds of real estate mortgage over four properties in Barangay Caticlan, Malay, Aklan, which were registered and/or declared for taxation purposes in their names under the following certificates of title and/or tax declarations, to wit: (a) Transfer Certificate of Title (TCT) Nos. T-23589; (b) Original Certificate of Title (OCT) No. P-14743; (c) Tax Declaration No. ARP-TD 1561 (038-12-006-04-051); and Tax Declaration No. ARP-TD 93-006-0362 (038-12-006-04-050).[6] For failure of the Spouses Tolosa to pay their principal obligation which amounted to P13,300,000.00, exclusive of interests, penalties and other charges, UCPB foreclosed the mortgage on the aforesaid realties and filed a petition for the extra-judicial sale thereof with the Office of the Clerk of Court and Ex-Officio Sheriff of Kalibo, Aklan on 22 October 1999.[7] | |||||
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2004-12-10 |
YNARES-SATIAGO, J. |
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| While it is true that litigation is not a game of technicalities, it is equally true that every case must be prosecuted in accordance with the prescribed procedure to insure an orderly and speedy administration of justice.[21] In instances where we applied a liberal interpretation of the rules on filing a record on appeal, the parties although late, filed the required record on appeal.[22] Such, however, is not the case here because petitioner adamantly refused to file the required record on appeal. | |||||
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2004-10-22 |
YNARES-SATIAGO, J. |
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| We are mindful of our rulings in the cases cited by petitioners where we held that the interests of substantial justice and equity prevailed over the constraints of technicalities. A careful reading of the cases cited by petitioners show that exceptional circumstances were obtaining in those cases. In the case of Ace Navigation Co., Inc. v. Court of Appeals,[23] we found merit in the case of the appealing party considering the disparity between the $450.00 unpaid vacation leave pay awarded by the labor arbiter and the $36,000.00 award granted by the NLRC. We ruled that the appeal may be considered even if the requirement regarding proof of service was not followed since the subsequent attaching of the affidavit of service to the motion for reconsideration was substantial compliance of the requirement of the rules. Likewise, in Nerves v. Civil Service Commission,[24] we allowed the petition notwithstanding that it was made through a wrong mode of appeal because the petition substantially complied with the Rules. More importantly, the appeal on its face appears to be impressed with merit. In Dela Rosa v. Court of Appeals,[25] we stated that as a rule, periods prescribed to do certain acts must be followed unless, under exceptional circumstances, a delay in the filing of an appeal may be excused on grounds of substantial justice. We took exception in the delay in that case because "strong considerations of substantial significance [were] manifest, as attested to by the appellate court's findings". | |||||