Monday, May 3, 2010

Dismissal based on pure technicality

Rules of procedure are tools to facilitate a fair and orderly conduct of proceedings. Strict adherence thereto must not get in the way of achieving substantial justice. So long as their purpose is sufficiently met and no violation of due process and fair play takes place, the rules should be liberally construed, especially in agrarian cases. There is nothing sacred about the forms of pleadings or processes, their sole purpose being to facilitate the application of justice to the rival claims of contending parties. Hence, pleadings as well as procedural rules should be construed liberally. Dismissal of appeals purely on technical grounds is frowned upon because rules of procedure should not be applied to override substantial justice. Courts must proceed with caution so as not to deprive a party of statutory appeal; they must ensure that all litigants are granted the amplest opportunity for the proper and just ventilation of their causes, free from technical constraints. If the foregoing tenets are followed in a civil case, their application is made more imperative in an agrarian case where the rules themselves provide for liberal construction. It must be stressed that the purpose of the notice of appeal is not to detail one's objections regarding the appealed decision; that is the purpose of the appellants' memorandum. In the context of a DARAB case, the notice of appeal serves only to inform the tribunal or officer that rendered the appealed decision of the timeliness of the appeal and the general reason for the appeal, and to prepare the records thereof for transmission to the appellate body (RARAD, San Fernando, Pampanga, et al v. CA, et al; G.R. No. 165155. April 13, 2010).

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