This case has been cited 1 times or more.
|
2008-10-17 |
NACHURA, J. |
||||
| Thus, we take exception to the general rule that the mistakes and negligence of counsel binds the client.[19] In view of the circumstances surrounding this case, we opt for liberality in the application of the rules considering that - First, the rule that negligence of counsel binds the client may be relaxed where adherence thereto would result in outright deprivation of the client's liberty or property, or where the interests of justice so require, and Second, this Court is not a slave to technical rules, shorn of judicial discretion. In rendering justice, it is guided by the norm that on the balance, technicalities take a backseat against substantive rights. Accordingly, if the application of the rules tends to frustrate rather than promote justice, it is always within this Court's power to suspend the rules or except a particular case from its application.[20] | |||||