This case has been cited 2 times or more.
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2013-02-20 |
BRION, J. |
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| Lastly, under our rules of procedure,[19] service of the petition on a party, when that party is represented by a counsel of record, is a patent nullity and is not binding upon the party wrongfully served.[20] This rule, however, is a procedural standard that may admit of exceptions when faced with compelling reasons of substantive justice manifest in the petition and in the surrounding circumstances of the case.[21] Procedural rules can bow to substantive considerations through a liberal construction aimed at promoting their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.[22] | |||||
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2008-09-17 |
TINGA, J. |
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| Section 2, Rule 13 of the 1997 Rules of Civil Procedure provides that if any party has appeared by counsel, service upon him shall be made upon his counsel unless service upon the party himself is ordered by the court. Notice or service made upon a party who is represented by counsel is a nullity. Notice to the client and not to his counsel of record is not notice in law. While this rule admits of exceptions, such as when the court or tribunal orders service upon the party or when the technical defect is waived, none applies in this case.[14] | |||||