This case has been cited 1 times or more.
|
2015-04-20 |
PERALTA, J. |
||||
| However, the Court may set aside technicality for justifiable reasons as when the petition before it is clearly meritorious and filed on time both under Rules 45 and 65.[15] In accordance with the liberal spirit which pervades the Rules of Court and in the interest of justice, the Court may treat the petition as having been filed under Rule 45. Here, no justifiable reasons were proffered by petitioner for a more liberal interpretation of procedural rules. Although it was filed on time both under Rules 45 and 65, the petition at bench lacks substantive merit and raises only questions of law which should have been duly made in a petition for review on certiorari under Rule 45.[16] | |||||