This case has been cited 2 times or more.
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2009-03-17 |
CHICO-NAZARIO, J. |
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| If Civil Case No. 01-102198 is allowed to proceed to trial, it will not clog the dockets of the RTC or run counter to the purposes for holding a pre- trial. Inconsiderate dismissals, even without prejudice, do not constitute a panacea or a solution to the congestion of court dockets; while they lend a deceptive aura of efficiency to records of individual judges, they merely postpone the ultimate reckoning between the parties. In the absence of clear lack of merit or intention to delay, justice is better served by a brief continuance, trial on the merits, and final disposition of cases before the court.[16] | |||||
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2003-05-05 |
BELLOSILLO, J. |
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| Dismissing the civil case and compelling petitioner to re-file its complaint is a dangerous, costly and circuitous route that may end up aggravating, not resolving, the disagreement. This case management strategy is frighteningly deceptive because it does so at the expense of petitioner whose cause of action, perhaps, may have already been admitted by its adverse parties as shown by three (3) of four (4) defendants not willing to contest petitioner's allegations, and more critically, since this approach promotes the useless and thankless duplication of hard work already undertaken by the trial court. As we have aptly observed, "[i]nconsiderate dismissals, even if without prejudice, do not constitute a panacea nor a solution to the congestion of court dockets. While they lend a deceptive aura of efficiency to records of individual judges, they merely postpone the ultimate reckoning between the parties. In the absence of clear lack of merit or intention to delay, justice is better served by a brief continuance, trial on the merits, and final disposition of the cases before the court."[40] | |||||