Exceptions as meriting a relaxation of the rules in order to serve substantial justice

Moreover, there are exceptions that have been previously considered by the Court as meriting a relaxation of the rules in order to serve substantial justice. These are: (1) matters of life, liberty, honor or property; (2) the existence of special or compelling circumstances; (3) the merits of the case; (4) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (5) a lack of any showing that the review sought is merely frivolous and dilatory; and (6) the other party will not be unjustly prejudiced thereby.[20]  We find that Danilo’s situation merits a relaxation of the rules since special circumstances are involved; to determine if his allegation were true would allow a final resolution of the case.

          Applicable, too, is what Sec. 5, Rule 135 of the Rules of Court states as one of the powers of a court:

                Section 5. Inherent powers of the courts.¾Every court shall have power:

            x x x x

            (g) To amend and control its process and orders so as to make them conformable to law and justice.

Thus, the Court ruled in Mejia v. Gabayan:[21]

x x x The inherent power of the court carries with it the right to determine every question of fact and law which may be involved in the execution. The court may stay or suspend the execution of its judgment if warranted by the higher interest of justice. It has the authority to cause a modification of the decision when it becomes imperative in the higher interest of justice or when supervening events warrant it. The court is also vested with inherent power to stay the enforcement of its decision based on antecedent facts which show fraud in its rendition or want of jurisdiction of the trial court apparent on the record. (Emphasis supplied.)

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/192217.htm

 

 

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Court, Exceptions, Remedial Law, Rules of Procedures, Substantial Justice and tagged . Bookmark the permalink.

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