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SOFIA CANTON v. CITY OF CEBU

This case has been cited 2 times or more.

2015-01-27
BERSAMIN, J.
We ruled in Pates v. Commission on Elections[22] that the belated filing of the petition for certiorari under Rule 64 on the belief that the fresh period rule should apply was fatal to the recourse. As such, the petitioner herein should suffer the same fate for having wrongly assumed that the fresh period rule under Neypes[23] applied. Rules of procedure may be relaxed only to relieve a litigant of an injustice that is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedure.[24] Absent this reason for liberality, the petition cannot be allowed to prosper.
2009-06-19
CARPIO, J.
Rules of procedure must be used to facilitate, not to frustrate, justice.[11] However, the right to appeal is not a natural right but is a statutory privilege, and it may be exercised only in the manner and in accordance with the provisions of the law.[12]