This case has been cited 2 times or more.
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2009-02-13 |
CHICO-NAZARIO, J. |
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| Nonetheless, we have held that a delay in the filing of an appeal under exceptional circumstances may be excused on grounds of substantial justice and equity.[22] Filing of an appeal beyond the reglementary period may, under meritorious cases, be excused if the barring of the appeal would be inequitable and unjust in light of certain circumstances therein.[23] Courts may suspend its own rules, or except a particular case from its operations, whenever the purposes of justice require it.[24] In Baylon v. Fact-Finding Intelligence Bureau,[25] we laid down the range of reasons which may provide justification for a court to resist strict adherence to procedure, to wit: (1) matters of life, liberty, honor and property; (2) counsel's negligence without the 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. | |||||