Jurisprudence On Liberality of Rules
Jurisprudence On Liberality of Rules
Jurisprudence On Liberality of Rules
Given the foregoing circumstances, Justice Presbitero Velasco, Jr., in his Dissenting
Opinion, still finds "exceptional circumstances" that warrant this Court to suspend
its rules and accord liberality to petitioner, citing Section 11, Rule 11 of the Rules of
Court, which reads:
Upon motion and on such terms as may be just, the court may extend
the time to plead provided in these Rules.
The court may also, upon like terms, allow an answer or other
pleading to be filed after the time fixed by these Rules.
In the case of Spouses Diaz v. Diaz,3 it was held that Suits should as much as possible
be decided on the merits and not on technicalities. In this regard, the Supreme
Court has often admonished courts to be liberal in setting aside orders of default as
default judgments are frowned upon and not looked upon with favor for they may
amount to a positive and considerable injustice to the defendant and the possibility
of such serious consequences necessitates a careful examination of the grounds
upon which the defendant asks that it be set aside.
1
G.R. No. 181688, June 5, 2009, 588 SCRA 788.
2
Sebastian v. Hon. Morales, 445 Phil. 595, 605 (2003).
3
G.R. No. 135885, April 28, 2000.
4
296 SCRA 38 (1998).
Makalintal, technicalities "should give way to the realities of the
situation."
5
G.R. No. 169918, February 27, 2008, 547 SCRA 788.