This case has been cited 2 times or more.
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2010-12-13 |
MENDOZA, J. |
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| Litigations must be decided on their merits and not on technicality. Every party litigant must be afforded the amplest opportunity for the proper and just determination of his cause, free from the unacceptable plea of technicalities. Thus, dismissal of appeals purely on technical grounds is frowned upon where the policy of the court is to encourage hearings of appeals on their merits and the rules of procedure ought not to be applied in a very rigid, technical sense; rules of procedure are used only to help secure, not override substantial justice. It is a far better and more prudent course of action for the court to excuse a technical lapse and afford the parties a review of the case on appeal to attain the ends of justice rather than dispose of the case on technicality and cause a grave injustice to the parties, giving a false impression of speedy disposal of cases while actually resulting in more delay, if not a miscarriage of justice.[20] | |||||
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2010-05-06 |
MENDOZA, J. |
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| As the case pertains only to a procedural matter, the Court resolves the impasse by considering the resolution requiring the heirs of Luz Rodriguez to file their memorandum as served and by deciding the merits of the case in this disposition. Technicalities that impede the cause of justice must be avoided.[23] To allow the case, which have been pending in this Court for almost ten years now, to remain in limbo would be unfair to both parties especially to the heirs of Luz Rodriguez, as the DAR had already taken possession of the property. At any rate, the heirs were already notified at their address of record. | |||||