This case has been cited 4 times or more.
|
2014-08-18 |
BERSAMIN, J. |
||||
| The rules were instituted to be faithfully complied with,[38] and allowing them to be ignored or lightly dismissed to suit the convenience of a party like the petitioner was impermissible.[39] Such rules, often derided as merely technical, are to be relaxed only in the furtherance of justice and to benefit the deserving. Their liberal construction in exceptional situations should then rest on a showing of justifiable reasons and of at least a reasonable attempt at compliance with them.[40] We have repeatedly emphasized this standard. In Bergonia v. Court of Appeals, (4th Division),[41] for instance, we declared: The petitioners' plea for the application of the principles of substantial justice in their favor deserves scant consideration. The petitioners should be reminded that technical rules may be relaxed only for the furtherance of justice and to benefit the deserving. While the petitioners adverted to several jurisprudential rulings of this Court which set aside procedural rules, it is noted that there were underlying considerations in those cases which warranted a disregard of procedural technicalities to favor substantial justice. Here, there exists no such consideration. | |||||
|
2011-01-19 |
DEL CASTILLO, J. |
||||
| Indeed, "[t]he existence and availability of the right of appeal proscribes a resort to certiorari."[22] The court a quo could have instead dismissed Nilo's petition on the ground that this question should have been raised by way of an appeal.[23] This rule is subject to exceptions, such as "when the writs issued are null and void or when the questioned order amounts to an oppressive exercise of judicial authority."[24] As will be later on discussed, the RTC, although it ultimately erred in its judgment, was nevertheless correct in entertaining the special civil action for certiorari. The exceptions we mentioned apply in the case at bar, as it turns out that petitioner's jurisdictional objection has compelling basis. | |||||