This case has been cited 1 times or more.
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2015-06-22 |
PERLAS-BERNABE, J. |
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| Considering that in this case, the CA had already issued a Resolution dated November 4, 2009 directing EDC to file a comment which the latter had complied with, it cannot be denied that EDC was already aware of the certiorari proceedings before the CA and that jurisdiction had been acquired over its person. The CA, therefore, should have brushed aside the Province of Leyte's procedural mishap and resolved the case on the merits in the interest of substantial justice. The Court's pronouncement in Barra v. Civil Service Commission[27] is instructive on this matter:Courts should not be unduly strict in cases involving procedural lapses that do not really impair the proper administration of justice. Since litigation is not a game of technicalities, every litigant should be afforded the amplest opportunity for the proper and just determination of his case, free from the constraints of technicalities. Procedural rules are mere tools designed to facilitate the attainment of justice, and even the Rules of Court expressly mandates that "it shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.[28] | |||||