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Tuesday 4 August 2015

Statutory Construction on the Rules of Court

             Rules of Court

·         The Rules of Court, being procedural, are to be construed liberally to effectuate purpose—the   proper and just determination of a litigation.

·         Rules of Court should not be interpreted to sacrifice substantial rights at the expense of technicalities

·         Technicalities, when they are not an aid to justice, deserve scant consideration from the courts.

The literal stricture of the rules has been relaxed in favor of liberal construction in the following:

1.      Where a rigid application will result in a manifest failure or miscarriage of justice
2.      Where the interest of substantial justice will be served
3.      Where the resolution of the emotion is addressed solely to the sound and judicious discretion of the court

4.      Where the injustice to the adverse party is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedure

Based on the book, Statutory Construction by Ruben E. Agpalo

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