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Jashdiuyiuy 123
Jashdiuyiuy 123
Facts:
On 28 June 2004, petitioner filed a Complaint-Affidavit with the Office of the Prosecutor Makati
charging respondents with Falsification and Use of Falsified Documents alleging that
respondents falsified and used the Barangay Clearance and Official Receipt purportedly issued
in the name of CPC by the office of the petitioner. In their Counter-Affidavits, respondents
denied the allegations.
Unsatisfied, petitioner filed a Petition for Review before the CA. But before it, petitioner sought
for an extension of time of 15 days from 13 May 2005 or until 28 May 2005 within which to file
the same due to counsels’ heavy workload. The CA granted the extension on 23 May 2005.
Subsequently, petitioner asked for another extension of five days from 28 May 2005 until 2 June
2005 for same reason. However, petitioner filed the petition by mail only on 7 June 2005.
Because of these, the CA dismissed the Petition for Review on 21 July 2005.
Petitioner moved for reconsideration explaining that it also filed a Final Motion for Additional
Time to File Petition for Review asking for another five days from 2 June 2005 or until 7 June
2005 on account of the sudden death in the family of the handling counsel. Thus, it argued that
the petition was filed within the period prayed for in the final motion. On 29 September 2005, the
CA denied the Motion for Reconsideration and disregarded the final motion for extension. Thus,
the present Petition for Review on Certiorari.
Issue:
Whether or not the policy of liberal construction in setting aside the rules of technicalities is
applicable in the present case.
Ruling: