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MOISES M. COLCOL v. PHILIPPINE BANK OF COMMERCE

This case has been cited 1 times or more.

2013-06-05
PERLAS-BERNABE, J.
A claim of excusable negligence does not loosely warrant a relaxation of the rules. Verily, the party invoking such should be able to show that the procedural oversight or lapse is attended by a genuine miscalculation or unforeseen fortuitousness which ordinary prudence could not have guarded against so as to justify the relief sought.[34] The standard of care required is that which an ordinarily prudent man bestows upon his important business.[35] In this accord, the duty rests on every counsel to see to adopt and strictly maintain a system that will efficiently take into account all court notices sent to him.[36]