This case has been cited 3 times or more.
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2012-06-27 |
SERENO, J. |
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| The Court cannot tolerate habitual failure to follow the procedural rules, which are indispensable for the orderly and speedy disposition of justice. Otherwise these rules would be rendered useless.[15] In Polintan v. People, the Court of Appeals gave the petitioner therein a total of 75 days to submit his Appellant's Brief, but he failed to do so. In that case, the accused Polintan filed a "Very Urgent Ex-Parte Motion to Admit Appellant's Brief." This Court affirmed the CA Resolution declaring his appeal abandoned, after finding his excuses too flimsy to warrant reversal. | |||||
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2010-09-20 |
VILLARAMA, JR., J. |
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| Petitioner cannot simply harp on the mistakes and negligence of his lawyer allegedly beset with personal problems and emotional depression. The negligence and mistakes of counsel are binding on the client.[18] There are exceptions to this rule, such as when the reckless or gross negligence of counsel deprives the client of due process of law, or when the application of the general rule results in the outright deprivation of one's property or liberty through a technicality. However, in this case, we find no reason to exempt petitioner from the general rule.[19] The admitted inability of his counsel to attend fully and ably to the prosecution of his appeal and other sorts of excuses should have prompted petitioner to be more vigilant in protecting his rights and replace said counsel with a more competent lawyer. Instead, petitioner continued to allow his counsel to represent him on appeal and even up to this Court, apparently in the hope of moving this Court with a fervent plea for relaxation of the rules for reason of petitioner's age and medical condition. Verily, diligence is required not only from lawyers but also from their clients.[20] | |||||
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2010-09-20 |
VILLARAMA, JR., J. |
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| The right to appeal is not a natural right and is not part of due process. It is merely a statutory privilege, and may be exercised only in accordance with the law. The party who seeks to avail of the same must comply with the requirements of the Rules. Failing to do so, the right to appeal is lost.[22] | |||||