|
Saturday, September 03, 2005
Observance of procedural rules
By Dominador A. Almirante
Labor case digest
From the decision of a panel of voluntary arbitrators of the National Conciliation and Mediation Board (NCMB), petitioner United Pulp and Paper Co. Inc. filed with the Court of Appeals a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended.
The Appellate Court dismissed the petition outright for being insufficient in form because the verification and certification of non-forum shopping was signed only by counsel, there was inadequate affidavit of service and there was no explanation on the failure to effect personal service of petition. United Pulp assailed the resolution for dismissing the petition on mere technicalities. Did the Court of Appeals err?
Ruling: No.
In Kowloon House/Willy Ng vs. Hon. Court of Appeals, G.R. No. 140024, June 18, 2003 at 4-5 Favila vs. Second Division, 308 SCRA 303 (1999) and CIR vs. CA, 351 SCRA 436 (2001), we held that “rules of procedure exist for a purpose, and to disregard such rules in the guise of liberal construction would be to defeat such purpose.
Procedural rules are not to be disdained as mere technicalities. They may not be ignored to suit the convenience of a party.
Adjective law ensures the effective enforcement of substantive rights through the orderly and speedy administration of justice.
Rules are not intended to hamper litigants or complicate litigation. But they help provide for a vital system of justice in which suitors may be heard in the correct form and manner, at the prescribed time in a peaceful, though adversarial, confrontation before a judge whose authority litigants acknowledge.
Public order and our system of justice are well served by a conscientious observance of the rules of procedure, particularly by government officials and agencies.” (United Pulp and Paper Co. Inc. vs. United Pulp and Paper Chapter-Federation of Free Workers, G.R. No. 141117, March 25, 2004 quoting previous decisions).
(September 3, 2005 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
