This case has been cited 2 times or more.
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2012-12-10 |
PERALTA, J. |
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| Ergo, where strong considerations of substantive justice are manifest in the petition, the strict application of the rules of procedure may be relaxed, in the exercise of its equity jurisdiction.[15] Thus, a rigid application of the rules of procedure will not be entertained if it will obstruct rather than serve the broader interests of justice in the light of the prevailing circumstances in the case under consideration. | |||||
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2005-03-16 |
CALLEJO, SR., J. |
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| As a rule, the requirements for perfecting an appeal within the reglementary period provided by law must be strictly followed. Nonetheless, the Court, in some instances, has been liberal and has excused a litigant's procedural defects and lapses in the interest of substantial justice.[29] Some of the reasons considered by the Court in justifying a liberal application of the rules of procedure are the following: … (1) matters of life, liberty, honor or property; (2) counsel's negligence without any participatory negligence on the part of the client; (3) the existence of special or compelling circumstances; (4) the merits of the case; (5) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (6) a lack of any showing that the review sought is merely frivolous and dilatory; and (7) the other party will not be unjustly prejudiced thereby.[30] Time and again, this Court has reiterated the doctrine that the rules of procedure are mere tools intended to facilitate the attainment of justice, rather than frustrate it. A strict and rigid application of the rules must always be eschewed when it would subvert the primary objective of the rules, that is, to enhance fair trials and expedite justice. Technicalities should never be used to defeat the substantive rights of the other party. Every party-litigant must be afforded the amplest opportunity for the proper and just determination of his cause, free from the constraints of technicalities.[31] | |||||