Monday, July 25, 2016

Courts are not enslaved by technicalities, and they have the prerogative to relax compliance with procedural rules of even the most mandatory character, mindful of the duty to reconcile both the need to speedily put an end to litigation and the parties’ right to an opportunity to be heard.



FEDERICO D. TOMAS, PETITIONER, VS. ANN G. SANTOS, RESPONDENT. G.R. No. 190448, July 26, 2010.  - The Lawyer's Post.

“x x x.

The Court is fully aware that procedural rules are not to be simply disregarded as they insure an orderly and speedy administration of justice. However, it is equally true that courts are not enslaved by technicalities, and they have the prerogative to relax compliance with procedural rules of even the most mandatory character, mindful of the duty to reconcile both the need to speedily put an end to litigation and the parties’ right to an opportunity to be heard. This is in line with the time-honored principle that cases should be decided only after giving all parties the chance to argue their causes and defenses. Technicality and procedural imperfection should, thus, not serve as bases of decisions. In that way, the ends of justice would be served.⁠2 

Furthermore, inasmuch as this petition raises both questions of fact and law which the Court of Appeals may properly take cognizance of under Rule 41 of the Rules of Court, we deem it necessary to reinstate Tomas’ appeal, notwithstanding its improper title. This has assumed a greater measure of necessity because of the allegation of Tomas that he is legally married to Santos, a fact not resolved by the RTC but which may be significant in resolving the question of ownership of the real property subject of the controversy.

X x x.”