This case has been cited 2 times or more.
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2013-03-11 |
DEL CASTILLO, J. |
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| Petitioners' failure to attach the material portions of the record that would support the allegations in the Petition is not fatal. We ruled in F.A.T. Kee Computer Systems, Inc. v. Online Networks International, Inc.,[46] thus: x x x However, such a requirement [failure to attach material portions of the record] was not meant to be an ironclad rule such that the failure to follow the same would merit the outright dismissal of the petition. In accordance with Section 7 of Rule 45, 'the Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate.' More importantly, Section 8 of Rule 45 declares that '[i]f the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice.' x x x[47] | |||||
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2013-01-09 |
BRION, J. |
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| In F.A.T. Kee Computer Systems, Inc. v. Online Networks International, Inc.,[34] Online Networks International, Inc. similarly assailed F.A.T. Kee Computer Systems, Inc.'s failure to attach the transcript of stenographic notes (TSN) of the RTC proceedings, and claimed this omission to be a violation of Section 4, Rule 45 of the Rules of Court that warranted the petition's dismissal. The Court held that the defect was not fatal, as the TSN of the proceedings before the RTC forms part of the records of the case. Thus, there was no incurable omission that warranted the outright dismissal of the petition. | |||||