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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