Category Archives: Substantial Justice

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

Posted on February 22, 2012 by Erineus

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 … Continue reading →

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The doctrine of finality of judgment or immutability of judgment and its exceptions

Posted on February 19, 2012 by Erineus

In advocacy of its position, FGU argues that the decision is already final and executory and, accordingly, a writ of execution should issue.  The lower court should not be allowed to hear the matter of turnover of the refrigerators to … Continue reading →

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The courts’ discretionary power in dismissing an appeal for failure to comply with the Rules should be used in the exercise of sound judgment in accordance with the tenets of justice and fair play

Posted on February 19, 2012 by Erineus

The right to appeal is neither a natural right nor a part of due process. It is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. Thus, one who … Continue reading →

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