Late Appellant's Brief

Ergo, where strong considerations of substantive justice are manifest in the petition, the strict application of the rules of procedure may be relaxed, in the exercise of its equity jurisdiction. Thus, a rigid application of the rules of procedure will not be entertained if it will obstruct rather than serve the broader interests of justice in the light of the prevailing circumstances in the case under consideration.

In the instant case, it is apparent that there is a strong desire to file an appellant’s brief on petitioner’s part. When petitioner filed its motion attaching therewith its appellant’s brief, there was a clear intention on the part of petitioner not to abandon his appeal. As a matter of fact, were it not for its counsel’s act of inadvertently misplacing the Notice to File Brief in another file,  petitioner could have seasonably filed its appellant’s brief as its counsel had already prepared the same even way before the receipt of the Notice to File Brief.

Also, it must be stressed that petitioner had no participatory negligence in the dismissal of its appeal. Hence, the ensuing dismissal of its appeal was completely attributable to the gross negligence of its counsel. For said reason, the Court is not averse to suspending its own rules in the pursuit of justice. Where reckless or gross negligence of counsel deprives the client of due process of law, or when the interests of justice so require, relief is accorded to the client who suffered by reason of the lawyer’s gross or palpable mistake or negligence (CMTC International Marketing Corporation Vs. Bhagis International Trading Corporation, G.R. No. 170488. December 10, 2012).