This case has been cited 1 times or more.
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2010-04-23 |
NACHURA, J. |
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| As to the CA's dismissal of the petition for review on the ground that petitioner failed to attach a written explanation for non-personal filing, the Court finds the same improper. Iligan City, where petitioner resides and where her counsel holds office, and Cagayan de Oro City, where the concerned division of the CA is stationed, are separated by a considerable distance. The CA, in the exercise of its discretion, should have realized that it was indeed impracticable for petitioner to personally file the petition for review in Cagayan De Oro City. Given the obvious time, effort and expense that would have been spent in the personal filing of the pleadings in this case, the written explanation why service had not been done personally, as required by Section 11 of Rule 13, may be considered as superfluous.[19] | |||||