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CLEOFE NORRIS v. CUBOL

This case has been cited 4 times or more.

	GR No. 168350 2008-01-31	PERCIVAL A. CENDAÑA v. CIRILO A. AVILA QUISUMBING, J.
Procedural rules illumine the path of the law and rationalize the pursuit of justice.[9] Hence, every case must be prosecuted in accordance with the prescribed procedure to insure proper dispensation of justice.[10] The liberal interpretation and application of the rules apply only in exceptional circumstances, none of which obtains in the present case.
	GR NO. 127198 2005-05-16	LAND BANK OF PHILIPPINES v. ELI G. C. NATIVIDAD TINGA, J.
Indeed, a motion that does not contain the requisite notice of hearing is nothing but a mere scrap of paper. The clerk of court does not even have the duty to accept it, much less to bring it to the attention of the presiding judge.[16] The trial court therefore correctly considered the motion for reconsideration pro forma. Thus, it cannot be faulted for denying Land Bank's motion for reconsideration and petition for relief from judgment.
	GR NO. 154064 2005-02-28	SPS. ERNESTO GUTIERREZ AND FELICISIMA B. GUTIERREZ v. PASCUAL B. CABRERA QUISUMBING, J.
Apropos the last issue, concerning the motion to dismiss filed by respondent before the MTC, we have time and again warned that a notice of hearing which does not comply with the requirements of Sections 4 and 5, Rule 15 of the Rules of Court, is a worthless piece of paper and would not merit any consideration from the courts.[39] The clerk of court does not have the duty to accept it, much less, to bring it to the attention of the presiding judge.[40] The defect cannot be cured by any subsequent action of the court and it is grave abuse of discretion of the court to overlook the mandatory rule on notice and act on the motion.[41]
	GR No. 138256 2003-11-12	CRESENCIANO DUREMDES v. AGUSTIN DUREMDES CALLEJO, SR., J.
Although it has been said time and again that litigation is not a game of technicalities, that every case must be prosecuted in accordance with the prescribed procedure so that issues may be properly presented and justly resolved,[29] this does not mean that procedural rules may altogether be disregarded. Rules of procedure must be faithfully followed except only when, for persuasive reasons, they may be relaxed to relieve a litigant of an injustice commensurate with his failure to comply with the prescribed procedure. Concomitant to a liberal application of the rules of procedure should be an effort on the part of the party invoking liberality to adequately explain his failure to abide by the rules.[30]