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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-2001 Jurisprudence                 

  • A.M. No. MTJ-00-1279 March 1, 2001 - ALICIA GONZALES-DECANO v. ORLANDO ANA F. SIAPNO

  • A.M. No. MTJ-00-1282 March 1, 2001 - SOFRONIO DAYOT v. RODOLFO B. GARCIA

  • G.R. No. 112092 March 1, 2001 - PEOPLE OF THE PHIL. v. ROBERT NUÑEZ

  • G.R. No. 123069 March 1, 2001 - PEOPLE OF THE PHIL. v. PEDRO SASPA, ET AL.

  • G.R. No. 126019 March 1, 2001 - PEOPLE OF THE PHIL. v. MARIO CALDONA

  • G.R. No. 131637 March 1, 2001 - PEOPLE OF THE PHIL. v. RODELIO PERALTA

  • G.R. No. 133888 March 1, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NARDO

  • G.R. No. 134330 March 1, 2001 - ENRIQUE M. BELO, ET AL. v. PHIL. NATIONAL BANK, ET AL.

  • G.R. Nos. 135667-70 March 1, 2001 - PEOPLE OF THE PHIL. v. JESSIE VENTURA COLLADO

  • G.R. No. 138666 March 1, 2001 - ISABELO LORENZANA v. PEOPLE OF THE PHIL.

  • G.R. No. 140511 March 1, 2001 - PEOPLE OF THE PHIL. v. BALTAZAR AMION

  • G.R. No. 142313 March 1, 2001 - MANUEL CHU, SR., ET AL. v. BENELDA ESTATE DEV’T. CORP.

  • G.R. No. 142527 March 1, 2001 - ARSENIO ALVAREZ v. COMELEC, ET AL.

  • G.R. No. 144678 March 1, 2001 - JAVIER E. ZACATE v. COMELEC, ET AL.

  • G.R. Nos. 146710-15 & 146738 March 2, 2001 - JOSEPH E. ESTRADA v. ANIANO DESIERTO, ET AL.

  • G.R. No. 113236 March 5, 2001 - FIRESTONE TIRE & RUBBER COMPANY OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113265 March 5, 2001 - PEOPLE OF THE PHIL. v. MANUEL PEREZ

  • G.R. No. 118680 March 5, 2001 - MARIA ELENA RODRIGUEZ PEDROSA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123788 March 5, 2001 - DOMINADOR DE GUZMAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 124686 March 5, 2001 - PEOPLE OF THE PHIL. v. ROQUE ELLADO

  • G.R. No. 127158 March 5, 2001 - PEOPLE OF THE PHIL. v. JULIO HERIDA, ET AL.

  • G.R. No. 132353 March 5, 2001 - PEOPLE OF THE PHIL. v. ALFREDO IBO

  • G.R. No. 126557 March 6, 2001 - RAMON ALBERT v. CELSO D. GANGAN

  • G.R. No. 138646 March 6, 2001 - PEOPLE OF THE PHIL. v. JOMER CABANSAY

  • G.R. No. 139518 March 6, 2001 - EVANGELINE L. PUZON v. STA. LUCIA REALTY AND DEVELOPMENT

  • G.R. Nos. 140249 & 140363 March 6, 2001 - DANILO S. YAP v. COURT OF APPEALS, ET AL.

  • G.R. No. 140884 March 6, 2001 - GELACIO P. GEMENTIZA v. COMELEC, ET AL.

  • G.R. No. 143823 March 6, 2001 - JENNIFER ABRAHAM v. NLRC, ET AL.

  • G.R. No. 126168 March 7, 2001 - PEOPLE OF THE PHIL. v. ANTONIO SAMUDIO

  • G.R. No. 129594 March 7, 2001 - PEOPLE OF THE PHIL. v. JUNNIFER LAURENTE

  • G.R. No. 135945 March 7, 2001 - UNITED RESIDENTS OF DOMINICAN HILL v. COMM. ON THE SETTLEMENT OF LAND PROBLEMS

  • G.R. No. 136173 March 7, 2001 - PEOPLE OF THE PHIL. v. ERNESTO ICALLA

  • G.R. Nos. 137481-83 & 138455 March 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO SALADINO

  • G.R. Nos. 139962-66 March 7, 2001 - PEOPLE OF THE PHIL. v. EUGENIO MANGOMPIT

  • A.M. No. MTJ-00-1297 March 7, 2001 - JOSEFINA BANGCO v. RODOLFO S. GATDULA

  • A.M. No. MTJ-00-1329 March 8, 2001 - HERMINIA BORJA-MANZANO v. ROQUE R SANCHEZ

  • G.R. No. 122611 March 8, 2001 - NAPOLEON H. GONZALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 125901 March 8, 2001 - EDGARDO A. TIJING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130378 March 8, 2001 - PEOPLE OF THE PHIL. v. ARNEL MATARO, ET AL.

  • G.R. No. 134279 March 8, 2001 - PEOPLE OF THE PHIL. v. RICKY ROGER AUSTRIA

  • G.R. Nos. 135234-38 March 8, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRO GUNTANG

  • G.R. No. 137649 March 8, 2001 - PEOPLE OF THE PHIL. v. RODOLFO VILLADARES

  • G.R. No. 138137 March 8, 2001 - PERLA S. ZULUETA v. ASIA BREWERY

  • G.R. No. 138774 March 8, 2001 - REGINA FRANCISCO, ET AL v. AIDA FRANCISCO-ALFONSO

  • G.R. No. 140479 March 8, 2001 - ROSENCOR DEVELOPMENT CORPORATION, ET AL. v. PATERNO INQUING, ET AL.

  • G.R. No. 140713 March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO

  • G.R. No. 112115 March 9, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140619-24 March 9, 2001 - BENEDICTO E. KUIZON, ET AL. v. ANIANO A. DESIERTO

  • G.R. No. 126099 March 12, 2001 - ROBERTO MITO v. COURT OF APPEALS, ET AL.

  • G.R. No. 128372 March 12, 2001 - PEOPLE OF THE PHIL. v. REMEGIO DELA PEÑA

  • G.R. Nos. 130634-35 March 12, 2001 - PEOPLE OF THE PHIL. v. MANOLITO OYANIB

  • G.R. No. 131889 March 12, 2001 - VIRGINIA O. GOCHAN, ET AL. v. RICHARD G. YOUNG, ET AL.

  • G.R. No. 136738 March 12, 2001 - PEOPLE OF THE PHIL. v. EFREN VALEZ

  • G.R. No. 137306 March 12, 2001 - VIRGINIA AVISADO, ET AL. v. AMOR RUMBAUA, ET AL.

  • G.R. Nos. 140011-16 March 12, 2001 - PEOPLE OF THE PHIL. v. EUSTAQUIO MORATA

  • A.M. No. P-01-1464 March 13, 2001 - SALVADOR O. BOOC v. MALAYO B. BANTUAS

  • G.R. No. 103073 March 13, 2001 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131530 March 13, 2001 - Y REALTY CORP. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 136594 March 13, 2001 - PEOPLE OF THE PHIL. v. JOEL CANIEZO

  • G.R. No. 139405 March 13, 2001 - PEOPLE OF THE PHIL. v. ARTURO F. PACIFICADOR

  • A.M. No. RTJ-00-1530 March 14, 2001 - EDGARDO ALDAY, ET AL. v. ESCOLASTICO U. CRUZ

  • G.R. Nos. 116001 & 123943 March 14, 2001 - PEOPLE OF THE PHIL. v. LUISITO GO

  • G.R. No. 130209 March 14, 2001 - PEOPLE OF THE PHIL. v. LARRY LAVAPIE, ET AL.

  • G.R. Nos. 130515 & 147090 March 14, 2001 - PEOPLE OF THE PHIL. v. ANSELMO BARING

  • G.R. Nos. 134451-52 March 14, 2001 - PEOPLE OF THE PHIL. v. REYNALDO FRETA

  • G.R. No. 137036 March 14, 2001 - PEOPLE OF THE PHIL. v. HERNANDO DE MESA, ET AL.

  • G.R. No. 138045 March 14, 2001 - PEOPLE OF THE PHIL. v. MARIETTA PATUNGAN, ET AL.

  • G.R. No. 139300 March 14, 2001 - AMIGO MANUFACTURING v. CLUETT PEABODY CO.

  • G.R. No. 102985 March 15, 2001 - RUBEN BRAGA CURAZA v. NLRC, ET AL.

  • G.R. No. 133480 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORANTE AGUILUZ

  • G.R. Nos. 135201-02 March 15, 2001 - PEOPLE OF THE PHIL. v. FLORENCIO FRANCISCO

  • G.R. No. 141616 March 15, 2001 - CITY OF QUEZON v. LEXBER INCORPORATED

  • G.R. No. 116847 March 16, 2001 - MANUFACTURERS BUILDING v. COURT OF APPEALS, ET AL.

  • G.R. No. 128083 March 16, 2001 - PEOPLE OF THE PHIL. v. RODOLFO M. HILARIO

  • G.R. No. 128922 March 16, 2001 - ELEUTERIA B. ALIABO, ET AL. v. ROGELIO L. CARAMPATAN, ET AL.

  • G.R. No. 129070 March 16, 2001 - PEOPLE OF THE PHIL. v. NELLIE CABAIS

  • G.R. No. 131544 March 16, 2001 - EPG CONSTRUCTION CO., ET AL. v. GREGORIO R. VIGILAR

  • G.R. No. 135047 March 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO CACHOLA, ET AL.

  • G.R. No. 137282 March 16, 2001 - PEOPLE OF THE PHIL. v. ALFREDO ALIPAR

  • G.R. Nos. 137753-56 March 16, 2001 - PEOPLE OF THE PHIL v. NILO ARDON

  • A.M. No. 01-1463 March 20, 2001 - EVELYN ACUÑA v. RODOLFO A. ALCANTARA

  • A.M. No. MTJ-00-1306 March 20, 2001 - ROBERT M. VISBAL v. RODOLFO C. RAMOS

  • A.M. No. P-97-1241 March 20, 2001 - DINNA CASTILLO v. ZENAIDA C. BUENCILLO

  • G.R. Nos. 105965-70 March 20, 2001 - GEORGE UY v. SANDIGANBAYAN, ET AL

  • G.R. No. 108991 March 20, 2001 - WILLIAM ALAIN MIAILHE v. COURT OF APPEALS, ET AL.

  • G.R. No. 130663 March 20, 2001 - PEOPLE OF THE PHIL v. ANGELES STA. TERESA

  • G.R. Nos. 136862-63 March 20, 2001 - PEOPLE OF THE PHIL. v. ROLANDO SANTOS

  • G.R. Nos. 139413-15 March 20, 2001 - PEOPLE OF THE PHIL. v. ENDRICO GALAS

  • G.R. No. 140356 March 20, 2001 - DOLORES FAJARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140919 March 20, 2001 - PEOPLE OF THE PHIL. v. BUTCH BUCAO LEE

  • G.R. No. 142476 March 20, 2001 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN

  • G.R. No. 144074 March 20, 2001 - MEDINA INVESTIGATION & SECURITY CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127772 March 22, 2001 - ROBERTO P. ALMARIO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 133815-17 March 22, 2001 - PEOPLE OF THE PHIL. v. EDGARDO LIAD, ET AL.

  • G.R. No. 134972 March 22, 2001 - ERNESTO CATUNGAL, ET AL. v. DORIS HAO

  • A.M. No. P-01-1469 March 26, 2001 - ROEL O. PARAS v. MYRNA F. LOFRANCO

  • A.M. No. RTJ-01-1624 March 26, 2001 - REQUEST FOR ASSISTANCE RELATIVE TO SPECIAL PROCEEDINGS NO. 28

  • A.M. No. 99-731-RTJ March 26, 2001 - HILARIO DE GUZMAN v. DEODORO J. SISON

  • G.R. Nos. 102407-08 March 26, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO LUCERO

  • G.R. No. 121608 March 26, 2001 - FLEISCHER COMPANY v. NLRC, ET AL.

  • G.R. No. 121902 March 26, 2001 - PEOPLE OF THE PHIL. v. WALTER MELENCION

  • G.R. No. 125865 March 26, 2001 - JEFFREY LIANG v. PEOPLE OF THE PHIL.

  • G.R. No. 129916 March 26, 2001 - MAGELLAN CAPITAL MNGT. CORP., ET AL. v. ROLANDO M. ZOSA, ET AL.

  • G.R. Nos. 131638-39 March 26, 2001 - PEOPLE OF THE PHIL. v. LORETO MEDENILLA

  • G.R. No. 131653 March 26, 2001 - ROBERTO GONZALES v. NLRC, ET AL

  • G.R. No. 133475 March 26, 2001 - PEOPLE OF THE PHIL. v. ERNESTO MONTEJO

  • G.R. No. 134903 March 26, 2001 - UNICRAFT INDUSTRIES INTERNATIONAL CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 136790 March 26, 2001 - PEOPLE OF THE PHIL. v. MANUEL GALVEZ

  • G.R. No. 137268 March 26, 2001 - PEOPLE OF THE PHIL. v. EUTIQUIA CARMEN, ET AL.

  • G.R. No. 137590 March 26, 2001 - FLORENCE MALCAMPO-SIN v. PHILIPP T. SIN

  • G.R. No. 137739 March 26, 2001 - ROBERTO B. TAN v. PHIL. BANKING CORP., ET AL.

  • G.R. No. 137889 March 26, 2001 - PEOPLE OF THE PHIL. v. ROMEO DELOS SANTOS

  • G.R. No. 142950 March 26, 2001 - EQUITABLE PCI BANK v. ROSITA KU

  • G.R. Nos. 147066 & 147179 March 26, 2001 - AKBAYAN - Youth, ET AL. v. COMELEC, ET AL.

  • A.M. No. 00-7-09-CA March 27, 2001 - IN RE: DEMETRIO G. DEMETRIA

  • A.M. No. P-01-1473 March 27, 2001 - GLORIA O. BENITEZ v. MEDEL P. ACOSTA

  • G.R. No. 123149 March 27, 2001 - PEOPLE OF THE PHIL. v. CORNELIO CABUG

  • G.R. No. 131588 March 27, 2001 - PEOPLE OF THE PHIL. v. GLENN DE LOS SANTOS

  • G.R. Nos. 137762-65 March 27, 2001 - PEOPLE OF THE PHIL. v. REYNALDO BARES

  • G.R. No. 137989 March 27, 2001 - PEOPLE OF THE PHIL. v. SONNY MATIONG, ET AL.

  • A.M. No. MTJ-01-1357 March 28, 2001 - MONFORT HERMANOS AGRICULTURAL DEVELOPMENT CORP. v. ROLANDO V. RAMIREZ

  • A.M. No. RTJ-00-1574 March 28, 2001 - GORGONIO S. NOVA v. SANCHO DAMES II

  • G.R. No. 100701 March 28, 2001 - PRODUCERS BANK OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 101442 March 28, 2001 - JOSE ANGELES v. COURT OF APPEALS, ET AL

  • G.R. No. 110012 March 28, 2001 - ANASTACIO VICTORIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112314 March 28, 2001 - VICENTE R. MADARANG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117964 March 28, 2001 - PLACIDO O. URBANES, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122216 March 28, 2001 - ALJEM’S CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 126751 March 28, 2001 - SAFIC ALCAN & CIE v. IMPERIAL VEGETABLE OIL CO.

  • G.R. No. 126959 March 28, 2001 - PEOPLE OF THE PHIL. v. SERVANDO SATURNO, ET AL.

  • G.R. No. 136965 March 28, 2001 - UNIVERSITY OF THE PHIL. v. SEGUNDINA ROSARIO

  • G.R. No. 137660 March 28, 2001 - PEOPLE OF THE PHIL. v. CARLOS L. ALCANTARA

  • G.R. No. 137932 March 28, 2001 - CHIANG YIA MIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 138474 March 28, 2001 - PEOPLE OF THE PHIL. v. FORTUNATO BALANO

  • G.R. Nos. 139571-72 March 28, 2001 - ROGER N. ABARDO v. SANDIGANBAYAN

  • G.R. No. 140153 March 28, 2001 - ANTONIO DOCENA, ET AL. v. RICARDO P. LAPESURA, ET AL.

  • G.R. No. 141307 March 28, 2001 - PURTO J. NAVARRO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142007 March 28, 2001 - MANUEL C. FELIX v. ENERTECH SYSTEMS INDUSTRIES, ET AL.

  • G.R. No. 143173 March 28, 2001 - PEDRO ONG, ET AL. v. SOCORRO PAREL, ET AL.

  • G.R. No. 144169 March 28, 2001 - KHE HONG CHENG v. COURT OF APPEALS, ET AL.

  • G.R. No. 131836 March 30, 2001 - PEOPLE OF THE PHIL. v. MELITA SINCO, ET AL.

  • G.R. No. 137564 March 30, 2001 - PEOPLE OF THE PHIL. v. DOMINADOR DOMENDED

  • G.R. No. 137648 March 30, 2001 - PEOPLE OF THE PHIL. v. IRENEO PADILLA

  • G.R. No. 140311 March 30, 2001 - DENNIS T. GABIONZA v. COURT OF APPEALS, ET AL

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    G.R. No. 140713   March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 140713. March 8, 2001.]

    ROSA YAP PARAS and VALENTE DY YAP, Petitioners, v. JUDGE ISMAEL O. BALDADO, Regional Trial Court Branch 45, Bais City and JUSTO DE JESUS PARAS, Respondents.

    R E S O L U T I O N


    GONZAGA-REYES, J.:


    Petitioners seek the setting aside of two resolutions of the Court of Appeals (Fourteenth Division) 1 , dated June 23, 1999 and October 13, 1999, respectively, which dismissed their petition for certiorari in CA-G.R. SP No. 53059 for failure to comply with the requirements of Section 1, Rule 65 of the 1997 Rules of Civil Procedure.chanrob1es virtua1 1aw 1ibrary

    The dismissed petition for certiorari prayed for the Court of Appeals to order the inhibition by herein respondent judge Ismael O. Baldado, presiding judge of Branch 45 of the Regional Trial Court, Bais City, in Special Civil Case No. 97-025-BY, entitled "Justo J. Paras v. Rosa Yap Paras and Valente D. Yap." This special proceeding sought the declaration of Justo Paras as sole administrator of the conjugal properties of his marriage with petitioner Rosa Yap Paras, pending the resolution of their case for annulment of marriage. 2

    Shortly after respondent judge set the case for annual conference, petitioners filed a motion to inhibit 3 on the ground that respondent judge had been a former partner in private respondent’s law firm. Petitioners also cited the decision of the Supreme Court in Evangeline Dinapol v. Judge Ismael Baldado, Adm. Matter RTJ-92-898, dated August 5, 1993, to show that respondent judge had been previously found to have exhibited a bias towards relatives of former Congressman Jerome Paras, who allegedly sponsored his appointment to the judiciary. The motion to inhibit was denied in an order dated January 15, 1999; to this order a motion for reconsideration was filed, and was denied on March 9, 1999. Hence, the filing of the petition for certiorari with the Court of Appeals.

    The dismissal by the Court of Appeals was set out in the questioned resolution of June 23, 1999 in this manner:chanrob1es virtual 1aw library

    Considering that the impugned Order of the Court a quo dated January 15, 1999 which is attached to the instant petition for certiorari, prohibition and mandamus with prayer for a Temporary Restraining Order is merely a plain xerox copy (Vide Annex "H", p. 54, Rollo) and not a certified true copy thereof as required by Section 1 of Rule 65 of the 1997 Rules of Civil Procedure, and further in view of the provision of Section 3, Rule 46 of the same rules that failure to comply with any of the requirements shall be sufficient ground for dismissal, the Court RESOLVES to DISMISS the instant petition.

    SO ORDERED. 4

    Petitioners moved for reconsideration, maintaining that they fully complied with Section 1, Rule 65 of the 1997 Rules of Civil Procedure, since "duplicate original copies and certified true copies of the impugned (RTC) order" were attached to their petition. 5 In their motion for reconsideration, they also attached certified true copies of the RTC orders subject of their petition for certiorari, praying that these be admitted and be deemed as compliance with Section 1, Rule 65 of the 1997 Rules of Civil Procedure.

    In the resolution of October 13, 1999, the Court of Appeals denied petitioners’ motion for reconsideration on these bases:chanrob1es virtual 1aw library

    An inquiry into the copies of the petition filed in this case shows that the copies of the impugned Order attached therein were not certified in accordance with Rule 46, Section 3 of the 1997 Rules of Civil Procedure, as amended, i.e., by the clerk of court or by his duly authorized representative, but merely by a notary public.

    Furthermore, the Court cannot accept petitioners’ subsequent compliance absent any compelling reason for their failure to do so in the first instance, and considering further that the submission of the certified true copies were made beyond the original sixty (60) day period within which to file the petition.

    WHEREFORE, premises considered, the instant Motion for Reconsideration is hereby DENIED.

    SO ORDERED. 6

    Aggrieved, petitioners filed the instant petition for review on certiorari, alleging that the dismissal by the Court of Appeals of their petition for certiorari on a perceived procedural flaw violated their rights to due process and to an impartial tribunal, and would result in gross injustice. 7 Petitioners stated that the Court of Appeals had unduly deprived them of the opportunity to establish the merits of their petition, as a consequence of which Special Civil Case No. 97-025-BY would continue to be heard by respondent judge who was obviously partial to private respondent Justo Paras.

    Meanwhile, private respondent contends that the Court of Appeals was justified in refusing to give the petition due course because compliance with the provisions of Section 1, Rule 65 of the 1997 Rules of Civil Procedure is mandatory and jurisdictional. 8 He further states that the petition before the Court of Appeals was patently unmeritorious and intended plainly for delay.

    As such, the sole issue elevated for the consideration of this Court is whether the dismissal of the petition for certiorari by the Court of Appeals, on the ground that petitioners failed to comply with the requirement to attach duplicate original or certified true copies of the assailed order or judgment, was proper and warranted under the circumstances.chanrob1es virtua1 1aw library

    The filing of original actions for certiorari in the Court of Appeals is governed by Section 3, Rule 46 of the 1997 Rules of Civil Procedure, which requires that the petition for certiorari "be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof . . .." The same Section provides that "the failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition."cralaw virtua1aw library

    At the same time, the Rules of Court encourage a reading of the procedural requirements in a manner that will help secure and not defeat justice. Thus:chanrob1es virtual 1aw library

    SECTION 6. Construction. — These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. 9

    As expressed in Alberto v. Court of Appeals, 10" (w)hat should guide judicial action is the principle that a party-litigant is to be given the fullest opportunity to establish the merits of his complaint or defense rather than for him to lose life, liberty, honor or property on technicalities. . . . (T)he rules of procedure should be viewed as mere tools designed to facilitate the attainment of justice. Their strict and rigid application, which would result in technicalities that tend to frustrate rather than promote substantial justice, must always be eschewed."cralaw virtua1aw library

    This is not to state that procedural requirements are to be taken lightly. The Court has had several occasions to hold that "rules of procedure, especially those prescribing the time within which certain acts must be done, ‘have oft been held as absolutely indispensable to the prevention of needless delays and to the orderly and speedy discharge of business. . . . The reason for rules of this nature is because the dispatch of business by courts would be impossible, and intolerable delays would result, without rules governing practice . . . . Such rules are a necessary incident to the proper, efficient and orderly discharge of judicial functions." 11 Thus, we have held that the failure to perfect an appeal within the prescribed reglementary period is not a mere technicality, but jurisdictional. 12

    In the instant case, the flaw consisted of the failure to attach certified true copies of the impugned RTC orders to the petition for certiorari. A "certified true copy", as used in Section 3, Rule 46 of the 1997 Rules of Civil Procedure, is one the certification on which was made by the proper clerk of court or his duly authorized representative. The Court of Appeals was, therefore, correct in disregarding the copies of the RTC orders "certified to" by a notary public as "plain xerox cop(ies)." However, the records reveal that duplicate original copies of the said RTC orders were in fact attached to one of the seven copies of the petition filed with the Court of Appeals; 13 moreover, copies of the same orders, this time accomplished by the clerk of court, were submitted by petitioners in their motion for reconsideration. Thus, the Court finds that there was substantial compliance with the requirement and the Court of Appeals should have given the petition due course.

    "Cases should be determined on the merits, after full opportunity to all parties for ventilation of their causes and defenses, rather than on technicality or some procedural imperfections. In that way, the ends of justice would be served better." 14

    Moreover, in Cusi-Hernandez v. Diaz, G.R. No. 140436, July 18, 2000, we observed that the Court of Appeals in its Revised Internal Rules does provide a certain leeway for parties to submit additional documents, as it may find necessary to promote the ends of substantial justice. Thus:chanrob1es virtual 1aw library

    When a petition does not have the complete annexes or the required number of copies, the Chief of the Judicial Records Division shall require the petitioner to complete the annexes or file the necessary number of copies of the petition before docketing the case. Pleadings improperly filed in court shall be returned to the sender by the Chief of the Judicial Records Division. 15

    The remedy for petitioners’ shortcoming was warranted by the above provisions.chanrobles.com.ph : red

    WHEREFORE, the resolutions of the Court of Appeals dated June 23, 1999 and October 13, 1999 are SET ASIDE. The case is REMANDED to the Court of Appeals which is DIRECTED to reinstate and give due course to the petition for certiorari in CA-G.R. No. SP-53059, and to decide the same on the merits.

    SO ORDERED.

    Melo, Vitug, Panganiban and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. Composed of Associate Justice Ramon A. Barcelona (Division Chairman and ponente), Associate Justice Demetrio G. Demetria and Associate Justice Mercedes Gozo Dadole.

    2. At the time of filing of the instant petition, the action for annulment of marriage was pending with the Court of Appeals as CA G.R. No. CV-49915.

    3. Annex "D" to Petition; Rollo, 68.

    4. CA Resolution dated June 23, 1999; Rollo, 130-131.

    5. Petitioners’ Motion for Reconsideration; Rollo, 133.

    6. CA Resolution dated October 13, 1999; Rollo, 161-162.

    7. Petition; Rollo, 13-14.

    8. Comment; Rollo, 167.

    9. Sec. 6, Rule 1, Revised Rules of Court.

    10. G.R. No. 119088, June 30, 2000. Citing Ginete v. Court of Appeals, 296 SCRA 38.

    11. Lazaro v. Court of Appeals, G.R. No. 137761, April 6, 2000, citing Shioji v. Harvey, 43 Phil. 333. See also Almeda v. Court of Appeals, 292 SCRA 587.

    12. Republic v. Court of Appeals, G.R. No. 129846, January 18, 2000.

    13. Annexes "H" and "J" to Petition for Certiorari to CA; Records of the Case, 54-60, 74.

    14. Republic v. Court of Appeals, 292 SCRA 243.

    15. Section 3(d), Rule 3, Revised Internal Rules of the Court of Appeals.

    G.R. No. 140713   March 8, 2001 - ROSA YAP PARAS, ET AL. v. ISMAEL O. BALDADO




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