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SUPREME COURT
5 MUNICIPAL CIRCUIT TRIAL COURT
th
DON CARLOS-KITAOTAO-DANGCAGAN
10th Judicial Region
Don Carlos, Bukidnon
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THE PLAINTIFFS DO
NOT DESERVE THE LIBERAL
APPLICATION OF THE RULES
OF COURT
3. The plaintiff argued that the postman has been on sick leave for
almost one month and as a consequence, plaintiffs’ counsel failed to
submit its opposition to the formal offer as well as the memorandum
on time;
2 CESAR NAGUIT, Petitioner, vs. SAN MIGUEL CORPORATION, Respondent G.R. No.
188839June 22, 2015
3 SPOUSES SERGIO C. PASCUAL and EMMA SERVILLION PASCUAL, Petitioners vs. FIRST
CONSOLIDATED RURAL BANK (BOHOL), INC., ROBINSONS LAND CORPORATION and
ATTY. ANTONIO P. ESPINOSA, Register of Deeds, Butuan City, Respondents G.R. No.
202597, February 8, 2017
11. Also, in the case of Daaco vs. Yu5, the Supreme Court held that,
[c]oncomitant to a liberal application of the rules of procedure should
be an effort on the part of the party invoking liberality to at least
promptly explain its failure to comply with the rules. Indeed, technical
rules of procedure are not designed to frustrate the ends of justice.
These are provided to effect the prompt, proper and orderly
disposition of cases and thus effectively prevent the clogging of court
dockets. Utter disregard of these rules cannot justly be rationalized
by harking on the policy of liberal construction.
12. The facts of the case do not warrant a liberal construction of the
rules nor a treat the plaintiff-appellant with benevolence from the
Court. Whatever circumstance the plaintiff-appellant is now is but a
by-product of its negligence and lack of prudence. Considering that
the plaintiff-appellant failed to offer sufficient justification for its
failure to comply with a simple directive of the court, there is,
therefore, no compelling reason why this Honorable Court would
admit plaintiffs’ memorandum. If prudence, respect and diligence is
given by the plaintiff-appellant to this Honorable Court, it would have
followed its directive to the letter.
by:
NOTICE
Thank you.
EXPLANATION