This case has been cited 2 times or more.
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2008-10-17 |
TINGA, J. |
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| In the instant case, attached to the petition for review was the certified true copy of the assailed RTC decision. This Court held that Section 6 of Rule 43 does not require that all of the supporting papers or annexes accompanying the petition should be certified true copies or duplicate originals. What is mandatory is the attachment of clearly legible duplicate originals or certified true copies of the judgment or final orders of the lower courts.[35] Nevertheless, even if the pleadings and other supporting documents were not attached to the petition, the dismissal would be unwarranted because the entire records of the case will eventually be elevated to the appellate court, pursuant to Rule 43, Section 11 of the Rules of Court.[36] | |||||
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2005-03-10 |
YNARES-SANTIAGO, J. |
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| Indeed, cases should be determined on the merits after all parties have been given full opportunity to ventilate their causes and defenses, rather than on technicalities or procedural imperfections.[9] We should always bear in mind that rules of procedure are mere tools designed to facilitate the attainment of justice. Their strict and rigid application especially on technical matters, which tends to frustrate rather than promote substantial justice, must be avoided. Technicality, when it deserts its proper office as an aid to justice and becomes its great hindrance and chief enemy, deserves scant consideration from the courts.[10] | |||||