Saturday, July 11, 2009

Strict Adherence to Procedure

In Ginete vs. Court of Appeals, we specifically laid down the range of reasons which may provide justifications for a court to resist a strict adherence to procedure and suspend the enforcement of procedural rules. Among such reasons x x x are: (1) matters of life, liberty, honor or property; (2) counsel’s negligence without any participatory negligence on the part of the client; (3) the existence of special or compelling circumstances; (4) the merits of the case; (5) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; and (6) a lack of any showing that the review sought is merely frivolous and dilatory. (Estino v. People, G.R. Nos. 163957-58, April 7, 2009)

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