Procedural rules may be relaxed for
persuasive reasons to relieve a litigant of an injustice not commensurate with
his failure to comply with the prescribed procedure. More so, when to allow the
assailed decision to go unchecked would set a precedent that will sanction a
violation of substantive law (PHIL.
ECONOMIC ZONE AUTHORITY, et al. vs. JOSEPH JUDE CARATES, Et al. G.R. No.
181274, June 23, 2010, Third Division, Villarama, Jr. J.).
Be that as it may, the bare
invocation of "the interest of substantial justice" is not a magic
wand that will automatically compel the Court to suspend procedural rules. x x x 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.).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.