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SPS. DAN T. PAGUIRIGAN AND MARY JANE PAGUIRIGAN v. PILHINO SALES CORPORATION

This case has been cited 1 times or more.

2011-03-09
MENDOZA, J.
Unless the conduct of the party is so negligent, irresponsible, contumacious, or dilatory as for non-appearance to provide substantial grounds for dismissal, the courts should consider lesser sanctions which would still achieve the desired end. The Court has written "inconsiderate 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 the 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.[17]