This case has been cited 4 times or more.
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2010-06-29 |
VELASCO JR., J. |
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| In the exercise of its broad discretionary power, we will resolve FDC's complaint on the merits, instead of remanding it to the trial court for further proceedings. Moreover, the dispute between the parties involves a purely question of law--whether the license or MOA was issued pursuant to PD 1869 or Sec. 5, EO 80, in relation to RA 7227, which does not necessitate a full blown trial. Demands of substantial justice and equity require the relaxation of procedural rules.[11] In Lianga Bay v. Court of Appeals,[12] the Court held: Remand of case to the lower court for further reception of evidence is not necessary where the court is in a position to resolve the dispute based on the records before it. On many occasions, the Court, in the public interest and the expeditious administration of justice, has resolved actions on the merits instead of remanding them to the trial court for further proceedings, such as where the ends of justice would not be subserved by the remand of the case or when public interest demands an early disposition of the case or where the trial court had already received all the evidence of the parties. | |||||
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2009-12-14 |
CARPIO MORALES, J. |
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| Whether a statute has retroactive effect is undeniably a pure question of law. PDIC should thus have directly appealed to this Court by filing a petition for review on certiorari under Rule 45, not an ordinary appeal with the appellate court under Rule 41. The appellate court did not err, thus, in holding that PDIC availed of the wrong mode of appeal.[13] | |||||
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2009-06-16 |
NACHURA, J. |
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| We agree that Pateros indeed committed a procedural infraction. It is clear that the issue raised by Pateros to the CA involves the jurisdiction of the RTC over the subject matter of the case. The jurisdiction of a court over the subject matter of the action is a matter of law; it is conferred by the Constitution or by law. Consequently, issues which deal with the jurisdiction of a court over the subject matter of a case are pure questions of law. As Pateros' appeal solely involves a question of law, it should have directly taken its appeal to this Court by filing a petition for review on certiorari under Rule 45, not an ordinary appeal with the CA under Rule 41. The CA did not err in holding that Pateros pursued the wrong mode of appeal.[30] | |||||