This case has been cited 2 times or more.
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2013-07-23 |
PERALTA, J. |
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| Neither was GMA's right violated when her motion for extension of time within which to submit her counter-affidavit and countervailing evidence was consequently denied. The Rules use the term "shall" in requiring the respondent to submit counter-affidavit and other countervailing evidence within ten (10) days from receipt of the subpoena. It is settled that the use of the word "shall" which is a word of command, underscores the mandatory character of the rule.[50] As in any other rule, though, liberality in the application may be allowed provided that the party is able to present a compelling justification for the non-observance of the mandatory rules. In the 2008 Revised Manual for Prosecutors, investigating prosecutors allow or grant motions or requests for extension of time to submit counter-affidavits when the interest of justice demands that respondent be given reasonable time or sufficient opportunity to engage the services of counsel; examine voluminous records submitted in support of the complaint or undertake research on novel, complicated or technical questions or issues of law and facts of the case.[51] | |||||
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2010-08-03 |
BRION, J. |
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| The rulings in these cases have been consistently reiterated in subsequent cases: Guevarra v. Court of Appeals,[34] Pedrosa v. Spouses Hill,[35] Gegare v. Court of Appeals,[36] Lazaro v. Court of Appeals,[37] Sps. Manalili v. Sps. de Leon,[38] La Salette College v. Pilotin,[39] Saint Louis University v. Spouses Cordero,[40] M.A. Santander Construction, Inc. v. Villanueva,[41] Far Corporation v. Magdaluyo,[42] Meatmasters Int'l. Corp. v. Lelis Integrated Dev't. Corp.,[43] Tamayo v. Tamayo, Jr.,[44] Enriquez v. Enriquez,[45] KLT Fruits, Inc. v. WSR Fruits, Inc.,[46] Tan v. Link,[47] Ilusorio v. Ilusorio-Yap,[48] and most recently in Tabigue v. International Copra Export Corporation (INTERCO),[49] and continues to be the controlling doctrine. | |||||