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CARMENCITA D. CORONEL v. ANIANO A. DESIERTO

This case has been cited 11 times or more.

2014-02-26
VELASCO JR., J.
provisions of Rule 43.[27] Barata v. Abalos, Jr.,[28] Coronel v. Desierto,[29] and recently Dimagiba v. Espartero[30] have reiterated the pertinent holding in Fabian. The Decision of the Ombudsman is mandatory and immediately executory
2009-12-04
CHICO-NAZARIO, J.
The merits of the Petitions in both G.R. No. 181455-56 and No. 182008 compel this Court to give more weight to substantive justice, instead of technical rules. Indeed, where, as here, there is a strong showing that a grave miscarriage of justice would result from the strict application of the Rules, the Court will not hesitate to relax the same in the interest of substantial justice. It bears stressing that the rules of procedure are merely tools designed to facilitate the attainment of justice. They were conceived and promulgated to effectively aid the court in the dispensation of justice. Courts are not slaves to or robots of technical rules, shorn of judicial discretion. In rendering justice, courts have always been, as they ought to be, conscientiously guided by the norm that, on the balance, technicalities take a backseat against substantive rights, and not the other way around. Thus, if the application of the Rules would tend to frustrate rather than promote justice, it is always within the power of the Court to suspend the Rules, or except a particular case from its operation.[60]
2009-08-19
CHICO-NAZARIO, J.
Moreover, it may do petitioner well to remember that rules of procedure are merely tools designed to facilitate the attainment of justice. They were conceived and promulgated to effectively aid the court in the dispensation of justice. Courts are not slaves to or robots of technical rules, shorn of judicial discretion. In rendering justice, courts have always been, as they ought to be, conscientiously guided by the norm that on the balance, technicalities take a backseat to substantive rights, and not the other way around. Thus, if the application of the Rules would tend to frustrate rather than promote justice, it is always within the power of the Court to suspend the rules, or except a particular case from its operation.[6] Hence, even if the Motion to Release Property from Attachment does not strictly comply with Section 14, Rule 56 of the Rules of Court, the RTC may still allow and act upon said Motion to render substantive justice.
2009-08-04
CHICO-NAZARIO, J.
Nonetheless, it bears stressing that the rules of procedure are merely tools designed to facilitate the attainment of justice. They were conceived and promulgated to effectively aid the court in the dispensation of justice. Courts are not slaves to or robots of technical rules, shorn of judicial discretion. In rendering justice, courts have always been, as they ought to be, conscientiously guided by the norm that on the balance, technicalities take a backseat against substantive rights, and not the other way around. Thus, if the application of the Rules would tend to frustrate rather than promote justice, it is always within the power of the Court to suspend the rules, or except a particular case from its operation.[19]
2007-07-17
AUSTRIA-MARTINEZ, J.
Appeals from decisions in administrative disciplinary cases of the Office of the Ombudsman should be taken to the CA by way of petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended.[32] Rule 43 which prescribes the manner of appeal from quasi-judicial agencies, such as the Ombudsman, was formulated precisely to provide for a uniform rule of appellate procedure for quasi-judicial agencies. Thus, certiorari under Rule 65 will not lie, as appeal under Rule 43 is an adequate remedy in the ordinary course of law.[33]
2006-06-27
PANGANIBAN, C.J.
Originally, Respondent Coronel filed before this Court a Rule 65 Petition,[10] seeking the nullification of petitioner's Disapproval Order for having deprived her of due process. In that case,[11] we said that the Petition should
2005-05-06
SANDOVAL-GUTIERREZ, J.
In Fabian vs. Desierto,[17] we held that only "appeals from the decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the Court of Appeals under the provisions of Rule 43 (of the 1997 Revised Rules of Civil Procedure)." We reiterated this ruling in Namuhe vs. Ombudsman[18] and recently in Barata vs. Abalos, Jr.[19] and Coronel vs. Aniano Desierto, as Ombudsman, and Pedro Sausal, Jr.[20]
2004-09-22
SANDOVAL-GUTIERREZ, J.
Indeed, where as here, there is a strong showing that grave miscarriage of justice would result from the strict application of the Rules, we will not hesitate to relax the same in the interest of substantial justice.[8]
2003-08-19
YNARES-SANTIAGO, J.
This Court is fully aware that procedural rules are not to be simply disregarded for these prescribed procedures ensure an orderly and speedy administration of justice. However, it is equally true that litigation is not merely a game of technicalities. Time and again, courts have been guided by the principle that the rules of procedure are not to be applied in a very rigid and technical manner, as rules of procedure are used only to help secure and not to override substantial justice.[11] Thus, if the application of the Rules would tend to frustrate rather than promote justice, it is always within the power of this Court to suspend the rules, or except a particular case from its operation.[12]
2003-08-12
YNARES-SANTIAGO, J.
The foregoing rule, however, may be relaxed where the issue raised is one purely of law, where public interest is involved, and in case of urgency. In such cases, certiorari is allowed notwithstanding the existence and availability of the remedy of appeal. Certiorari may also be availed of where an appeal would be slow, inadequate and insufficient.[8] If the strict application of the Rules will tend to frustrate rather than promote justice, it is always within our power to suspend the rules, or except a particular case from its operation.[9]
2003-08-07
YNARES-SANTIAGO, J.
At the outset, it must be noted that the instant petition for certiorari was filed directly with this Court in disregard of the rule on hierarchy of courts. In the interest of substantial justice and speedy disposition of cases, however, we opt to take cognizance of this petition in order to address the urgency and seriousness of the constitutional issues raised.[16] In rendering decisions, courts have always been conscientiously guided by the norm that on the balance, technicalities take a backseat against substantive rights, and not the other way around. Thus, if the application of the Rules would tend to frustrate rather than promote justice, it is always within our power to suspend the rules, or except a particular case from its operation.[17]