Tuesday, June 21, 2011

THE POWER OF THE SUPREME COURT TO SUSPEND THE APPLICATION OF THE RULES OF COURT

             THE POWER OF THE SUPREME COURT TO SUSPEND ITS RULES IS NOT ABSOLUTE: The Supreme Court has invariably pronounced that thebare invocation of "the interest of substantial justice" is not a magic wand that will automatically compel the Court to suspend procedural rules. xxxxxx  Like all rules, they are required to be followed except only for the most persuasive reasons, when they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his thoughtlessness in not complying with the procedure prescribed.  Rules of Procedure, especially those prescribing the time within which certain acts must be done, are absolutely indispensable to the prevention of needless delays and to the orderly and speedy discharge of justice. The rules may be relaxed only in "exceptionally meritorious cases" (MAPAGAY vs. PEOPLE, G.R. No. 178984, August 19, 2009, Third Division, Chico-Nazario, J.

              Be that as it may, the Supreme Court clarified that in the absence of a pattern or scheme to delay the disposition of the case or a wanton failure to observe the mandatory requirement of the rules, courts should decide to dispense rather than wield their authority to dismiss.(Bank of the Philippine Islands v. Court of Appeals, 362 Phil. 362, 369 (1999) cited in ANSON TRADE CENTER, INC. vs. PACIFIC BANKING CORPORATION, G.R. No. 179999, March 17, 2009, Third Division, Chico-Nazario, J.).

                Accordingly, in Republic Cement Corporation vs. Peter I. Guinmapang,G.R. No. 168910, August 24, 2009, First Division, Carpio, J., the Supreme Court emphatically stated that since no intent to delay the administration of justice could be attributed to Peter Guinmapang, a one day delay does not justify the appeal’s denial. The High Court stressed that a greater injustice may occur if said appeal is not given due course than if the reglementary period to appeal were strictly followed in line with the policy to encourage full adjudication of the merits of an appeal.

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