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BANK OF PHILIPPINE ISLANDS v. DOMINGO R. DANDO

This case has been cited 5 times or more.

2015-06-16
PEREZ, J.
Law and jurisprudence grant to courts the prerogative to relax compliance with procedural rules of even the most mandatory character, mindful of the duty to reconcile both the need to put an end to litigation speedily and the parties' right to an opportunity to be heard.[35] (Emphasis supplied)
2012-09-05
REYES, J.
Instructive on this point are the guidelines we applied in Bank of the Philippine Islands v. Dando,[27] wherein we cited the reasons that may provide a justification for a court to suspend a strict adherence to procedural rules, namely: (a) matters of life, liberty, honor or property; (b) the existence of special or compelling circumstances; (c) the merits of the case; (d) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (e) a lack of any showing that the review sought is merely frivolous and dilatory; and (f) the fact that the other party will not be unjustly prejudiced thereby.[28] Upon review, we have determined that these grounds do not concur in this action.
2012-06-13
SERENO, J.
On a final note, this Court reminds the parties seeking the ultimate relief of certiorari to observe the rules, since nonobservance thereof cannot be brushed aside as a "mere technicality."[43] Procedural rules are not to be belittled or simply disregarded, for these prescribed procedures ensure an orderly and speedy administration of justice.[44]
2010-10-13
PEREZ, J.
Accordingly, the ends of justice and fairness would be best served if the parties in Civil Case No. 97-86265 are given the full opportunity to thresh out the real issues in a full blown trial. Besides, petitioner Real Bank, Inc. would not be prejudiced should the RTC proceed with Civil Case No. 97-86265 as it is not stripped of any affirmative defenses nor deprived of due process of law.[36]
2010-07-26
NACHURA, J.
The Court is fully aware that procedural rules are not to be simply disregarded as they insure an orderly and speedy administration of justice.  However, it is equally true that courts are not enslaved by technicalities, and they have the prerogative to relax compliance with procedural rules of even the most mandatory character, mindful of the duty to reconcile both the need to speedily put an end to litigation and the parties' right to an opportunity to be heard.  This is in line with the time-honored principle that cases should be decided only after giving all parties the chance to argue their causes and defenses. Technicality and procedural imperfection should, thus, not serve as bases of decisions.  In that way, the ends of justice would be served.[21]