This case has been cited 2 times or more.
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2003-01-28 |
QUISUMBING, J. |
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| It is true that the Rules should be interpreted so as to give litigants ample opportunity to prove their respective claims and that a possible denial of substantial justice due to legal technicalities should be avoided.[24] But it is equally true that an appeal being a purely statutory right, an appealing party must strictly comply with the requisites laid down in the Rules of Court.[25] In other words, he who seeks to avail of the right to appeal must play by the rules.[26] This the petitioner failed to do when she did not submit her memorandum of appeal in Civil Case No. 12044 as required by Rule 40, Section 7 of the 1997 Rules of Civil Procedure. That she lost her case is not the trial court's fault but her own. | |||||
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2002-02-19 |
BELLOSILLO, J. |
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| That on or about May 12, 1992, in the Municipality of Baggao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Bernardino Daquioag, being then the Poll Chairman of Precinct No. 38, Flordelita Daquioag, being then the Poll Chairman of Precinct No. 38-A and Estelita Herrera being then the Poll Chairman of Precinct No. 51 of Barangays Mabini and Mocag, Baggao, Cagayan, respectively, without authority from the Commission on Elections did then and there willfully, unlawfully and feloniously transfer the ballot boxes, tally sheets, election returns and other election paraphernalia used in the Election of May 11, 1992 from their respective precincts/polling places abovementioned to their respective residences, and while in their respective residences opened the ballot boxes in their possession without authority/Order from the Commission on Elections and failed to account said ballot boxes in their respective possession to the Municipal Treasurer and/or Election Registrar of the Municipality of Baggao immediately after the counting of votes, thus, violating the integrity and sanctity of the ballots and/or election returns used in the Election of May 11, 1992.[5] Plainly, the Information states the names of the accused, i.e., Bernardino Daquioag, Flordelita Daquioag and Estelita Herrera, all public school teachers and poll chairmen, and they were specifically charged with violating Secs. 217 and 261 (z), Nos. 13, 15 and 21 of BP Blg. 881 allegedly committed on 12 May 1992 in Baggao, Cagayan, by transferring without authority from the COMELEC ballot boxes and other election paraphernalia from their respective polling places to their residences. In a plethora of cases, this Court has ruled that the information is sufficient where it clearly states the designation of the offense by the statute and the acts or omissions complained of as constituting the offense.[6] Verily, there is no question that the assailed Information is sufficient. | |||||