This case has been cited 4 times or more.
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2015-06-29 |
VILLARAMA, JR., J. |
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| Nonetheless, the immutability of final judgments is not a hard and fast rule. The Court has the power and prerogative to suspend its own rules and to exempt a case from their operation if and when justice requires it.[24] After all, procedural rules were conceived to aid the attainment of justice. If a stringent application of the rules would hinder rather than serve the demands of substantial justice, the former must yield to the latter,[25] as specifically mandated under Section 2, Rule 1 of the Rules of Court:SEC. 2. Construction. – These rules shall be liberally construed in order to promote their object and to assist the parties in obtaining just, speedy, and inexpensive determination of every action and proceeding. | |||||
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2014-02-26 |
PERALTA, J. |
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| Indeed, cases should be determined on the merits after full opportunity to all parties for ventilation of their causes and defenses, rather than on technicality or some procedural imperfections in order to serve better the ends of justice.[27] It is the duty of the counsel to make sure of the nature of the errors he proposes to assign, to determine which court has appellate jurisdiction, and to follow the requisites for appeal.[28] Any error in compliance may be fatal to the client's cause.[29] It should be stressed that the right to appeal is neither a natural right nor a part of due process. It is merely a procedural remedy of statutory origin and may be exercised only in the manner prescribed by the provisions of law authorizing its exercise.[30] The requirements of the rules on appeal cannot be considered as merely harmless and trivial technicalities that can be discarded at whim. In these times when court dockets are clogged with numerous litigations, parties have to abide by these rules with greater fidelity in order to facilitate the orderly and expeditious disposition of cases.[31] | |||||
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2013-12-04 |
BRION, J. |
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| The general rule is that the failure of the petitioner to timely file an MR within the 15-day reglementary period fixed by law renders the decision or resolution final and executory.[15] The same rule applies in appeals. The filing and the perfection of an appeal in the manner and within the period prescribed by law are not only mandatory but also jurisdictional, and the failure to perfect an appeal has the effect of rendering the judgment final and executory.[16] | |||||
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2011-12-05 |
DEL CASTILLO, J. |
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| Note, however, that in both instances, petitioners were not represented by a lawyer. They had no counsel on record and had been filing and signing all pleadings only through their representative, petitioner Rayala. There was no showing that their case was directly handled or at the very least, that they were assisted by a counsel. Not being lawyers, petitioners' lack of thorough understanding of procedural rules as well as the importance of its strict observance is understandable. As held in a case, [20] a non-lawyer litigant cannot be expected to be well-versed on the rules of procedure as even the most experienced lawyers get tangled in the web of procedure. | |||||