Liberal Rules

10/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 809

A N N O T A T I O N

LIBERAL RULES: THE HUMANE SIDE OF THE LAW

by

MAURICIO C. ULEP*

___________________

§ 1. The Workmen’s Compensation Law is construed
liberally in favor of the employee, p. 621
§ 2. Election protests are liberally interpreted.
Reason,
p. 621
§ 3. Filing of record on appeal and appeal bonds is
liberally treated, p. 622
§ 4. The nondelegation doctrine should be liberally
interpreted, p. 623
§ 5. P.D. 20 (House Rental Control Law) is liberally
applied. Purpose, p. 623
§ 6. Right of redemption under R.A. 3844 is liberally
interpreted, p. 624
§ 7. Tardiness of a lawyer in court attendance, p. 624
§ 8. Statutes offering rewards to informers must be
liberally construed, p. 625
§ 9. The mortgage insurance scheme of the Social
Security Commission must be liberally
interpreted, p. 626
§ 10. Proceedings connected with the issue on lis
pendens must be liberally construed, p. 627
§ 11. Procedural lapses should not prejudice the
right to security of tenure of a tenant, p. 627
http://www.central.com.ph/sfsreader/session/0000016697633c725770bf54003600fb002c009e/t/?o=False 1/37
_______________
* Former Associate Dean, UE College of Law; Professor of Law; Author

of Law Books.

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618 SUPREME COURT REPORTS ANNOTATED

Liberal Rules: The Humane Side of the Law
§ 12. Due execution of wills is liberally construed, p.

627
§ 13. The rule on pauper litigants is liberally
allowed, p. 628
§ 14. Art. 1623 of the New Civil Code is liberally
construed, p. 628
§ 15. Tax exemptions are liberally construed in favor
of the taxing authority, p. 628
§ 16. A lawyer should not exploit his mastery of
procedural law to score a “technical knockout”
over his own client, p. 629
§ 17. Art. 633 of the old Civil Code (now Art. 749 of
the New Civil Code) must be liberally construed,
p. 629
§ 18. Service of summons in quasi-judicial
proceedings must be liberally treated, p. 630
§ 19. Retirement laws are liberally construed.
Reason, p. 630
§ 20. Redemption laws are liberally construed, p. 631
§ 21. Courts are liberal in bond forfeiture. Reason, p.
631
§ 22. Judge who is inexplicably liberal in the
proceedings thereby causing delay, commits
grave abuse of discretion, p. 632
§ 23. Rule on new trial should be liberally construed,
p. 632
§ 24. A judge must exercise liberality in the
admission of evidence, p. 633
§ 25. The material data rule is liberally construed.
Purpose and reason for the rule, p. 633
§ 26. Courts are liberal in accepting proffered
evidence during the trial, p. 634
§ 27. Rules of Court are not applicable to agrarian

cases even in a suppletory character, p. 635
§ 28. The rule “falsus in uno, falsus in omnibus” is
not a mandatory rule, p. 635
§ 29. Procedural statutes are liberally construed
while penal statutes are strictly construed, p. 635

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VOL. 809, NOVEMBER 22, 2016 619

§ 30. Rules of procedure are liberally construed

before administrative bodies, p. 636
§ 31. POEA proceedings are non-litigious in nature,
p. 636
§ 32. The writ of habeas corpus must be liberally
construed, p. 637
§ 33. An insurance policy must be liberally
interpreted,
p. 637
§ 34. A law (like R.A. 7659 amending R.A. 6425, The
Dangerous Drugs Act) is favorable to the accused.
It is retroactive in character, p. 638
§ 35. A motion for the issuance of a hold departure
order must be heard, p. 639
§ 36. The prohibition against impairing contractual
obligation is not absolute, p. 639
§ 37. The Revised Securities Act protects public
investors,
p. 640
§ 38. Withdrawal of an appeal in a criminal case
must be denied if the penalty is based on an
erroneous interpretation of the law, p. 640
§ 39. The rules of procedure in contempt
proceedings are inapplicable in civil contempt
proceedings, p. 640
§ 40. Rules of procedure was promulgated to
administer justice, p. 641
§ 41. Adoption statutes should be liberally
construed, p. 641
§ 42. The Rule on Summary Procedure is liberally
construed, p. 641
§ 43. The rule on locus standi is liberally applied, p.

642
§ 44. Construction of words that would make a
contract operative should be considered, p. 642
§ 45. Rules on venue is for convenience, p. 642
§ 46. Conflicting laws must be reconciled to produce
a harmonious whole, p. 643

620

§ 47. A petition for relief from judgment is a

principle of equity and constitutes a litigant’s last
chance to prosecute his case, p. 643
§ 48. Rules on the suspension of sentence of a First-
Time Minor Offender in Drugs cases, p. 643
§ 49. An insane cannot be punished for an offense, p.
645
§ 50. The Revised Internal Rules of the Court of
Appeals gives a leeway for parties to perfect an
appeal, p. 645
§ 51. The privilege of withholding the identity of
informers in drug-related cases must give way
when it is helpful to the defense of the accused, p.
645
§ 52. Sec. 13, Rule 44 of the 1997 Rules of Civil
Procedure helps secure substantial justice, p. 646
§ 53. Curative statutes are designed to enable
persons to carry into effect what they have
intended, p. 646
§ 54. Laches should not be strictly followed, p. 647
§ 55. Law on prescription of crimes which is
favorable to the accused must be adopted, p. 647
§ 56. A dissolved corporation may still sue even
beyond the three-year period of liquidation, p. 647
§ 57. Rules creating the Court of Tax Appeals is not
governed strictly by technical rules of evidence, p.
648
§ 58. The rule on priorities in modes of service is
merely directory, p. 648
§ 59. The forum shopping rule (Circular No. 04-94,

now Sec. 5, Rule 7 of the 1997 Rules of Civil
Procedure) must be liberally construed, p. 649
§ 60. All doubts must be resolved in favor of the
accused (In dubilis reus est absolvendus), p. 649
§ 61. Probate of a will is liberal in character, p. 650
§ 62. The philosophy of the law on complex crimes is
to favor the accused, p. 651

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“Laws and rules should be interpreted and applied not

in a vacuum or in isolated abstraction, but in light of
surrounding circumstances and attendant facts in order to
afford justice to all.” (Magsaysay Lines, Inc. v. Court of
Appeals, 260 SCRA 513 [1996])

§ 1. The Workmen’s Compensation Law is construed
liberally in favor of the employee

Doubts in implementation and interpretation of the
provisions of the Workmen’s Compensation Law are
resolved in favor of and for the benefit of the employee and
his dependents. (Madrigal Shipping Co. v. Melad, 7 SCRA
330 [1963]; Nitura v. Employees’ Compensation
Commission, 201 SCRA 278 [1991])
The Workmen’s Compensation Act shall be applicable to
all officials, employees and laborers in the service of the
National Government and its subdivisions and
instrumentalities; Provided, however, that officials,
laborers and employees insured with the GSIS and their
dependents when entitled to the benefits of the said
insurance system shall, in addition to the same, be entitled
to the benefits granted by this Act (Act No. 3428 as
amended by Sec. 3, R.A. No. 4119). (Development Bank of
the Philippines v. Sarto, 24 SCRA 931 [1968])

§ 2. Election protests are liberally interpreted.

Reason

An election contest does not merely concern the personal
interests of rival candidates for an office. Over and above
their claims is the deep public interest involved, the need to
imperatively determine the correct expression of the will of
the electorate. More, it is a recognized principle that laws
governing election contests must be liberally interpreted to
the end that the popular will be expressed in the election of
public officers will not, by reason of purely technical
objections, be defeated. (De Leon v. Guadiz, Jr., 104 SCRA
591

622

[1981]) In an election case, the court has an imperative

duty to ascertain by all means, within its command who is
the real candidate elected by the electorate. (Tatlonghari v.
Commission on Elections, 199 SCRA 849 [1991]; De
Guzman v. Commission on Elections, 426 SCRA 698
[2004]). In fact, matters tend to get complicated when
technical rules are strictly applied — technicalities cannot
be permitted to defeat the intention of the voter, especially
so if that intention is discoverable from the ballot itself.
(Bautista v. Commission on Elections, 298 SCRA 480
[1998])
The reason for this rule is that it is the primordial policy
to ascertain the will of the people. This is evident in the
constitutional mandate that sovereignty resides in the
people and all government authority emanates from them.
(Loyola v. House of Representatives Electoral Tribunal, 229
SCRA 90 [1994]; Maruhom v. Commission on Elections, 331
SCRA 473 [2000])
Consequently, the rules governing ordinary civil actions
are not necessarily binding on special actions like an
election contest wherein public interest will be adversely
affected. (Pahilan v. Tabalba, 230 SCRA 205 [1994])
However, the above doctrine finds no application where
the results of the election have not been duly established.
(Recabo, Jr. v. Commission on Elections, 308 SCRA 793

[1999])

§ 3. Filing of record on appeal and appeal bonds is
liberally treated

In the filing of records on appeal, the Court has
invariably taken a liberal attitude in favor of the appellant
when it comes to the filing of appeal bonds in relation to
perfection of appeals. An appeal bond is sufficient when it
is in substantial conformity with the provisions of the law
as the legal effect is to insure to the appellee the payment
of all costs required by law. (Perla Compañia de Seguros,
Inc. v. Concepcion, 104

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SCRA 786 [1981]; Calasiao Farmers Cooperative Marketing

Association, Inc. v. Court of Appeals, 106 SCRA 630 [1981])

§ 4. The nondelegation doctrine should be liberally
interpreted

While conceptually, there still exists a distinction
between the enactment of legislation and its execution,
between formulation and implementation, the fundamental
principle of separation of powers of which the delegation is
a logical corollary becomes even more flexible and
malleable. x x x A rigid application of the nondelegation
doctrine therefore, would be an obstacle to national efforts
at development and progress. There is accordingly more
receptivity to laws leaving to administrative and executive
agencies the adoption of such means as may be necessary
to effectuate a valid legislative purpose. (Free Telephone
Workers Union v. Minister of Labor and Employment, 108
SCRA 757 [1981]. See also Tablarin v. Gutierrez, 152 SCRA
730 [1987])

§ 5. P.D. 20 (House Rental Control Law) is liberally
applied. Purpose

The provisions of PD 20 govern apartment-dwellers who
are paying rentals not exceeding P300.00 a month. The
decree mandates “the freezing of rentals for the lower
income group at their present levels in order that the
rentals for the houses be stabilized. It is true that said
decree was issued to alleviate the living conditions of those
in need, owing to the prevailing hard economic conditions.
However, it should not be applied indiscriminately even to
the extent of depriving the owner of his property rights
protected by the Constitution, especially if he urgently
needs the premises himself and that of his family. (Sinclair
v. Court of Appeals, 115 SCRA 318 [1982]. See also Mayores
v. Intermediate Appellate Court, 145 SCRA 80 [1986])
P.D. 20 constitutes a valid exercise of police power which
is inherent in every sovereign State. (Melchor, Jr. v. Moya,
121

624

SCRA 1 [1983]) The purpose is to protect persons in the

lower income group who cannot afford to acquire their own
houses or residential lots from being forced to pay high
rentals. That was the same policy adopted after liberation
in Emergency Civilian Administrative Order No. 12 and in
Commonwealth Act No. 689 as amended by Republic Act
No. 66. Note that the supposed injustice caused to the
landlord by P.D. 20 has been remedied by Batas Pambansa
Blg. 25. (Villamin v. Echiverri, Jr., 119 SCRA 266 [1982])
Batas Pambansa Blg. 25 upholds the right of respondent
to recover possession and use of her property which was
unjustifiably occupied by petitioners. (Tan Tok Lee v. CFI
of Kaloocan City, 121 SCRA 438 [1983]; Lipata v. Court of
Appeals, 194 SCRA 214 [1991]) The law, Batas Pambansa
Blg. 25 has retroactive application to pending ejectment
cases (Santos v. Court of Appeals, 122 SCRA 531 [1983];
Roxas v. Intermediate Appellate Court, 157 SCRA 166
[1988]; Benolirao v. Court of Appeals, 203 SCRA 338
[1991]), but it is not applicable to commercial lands.
(Bondoc v. Court of Appeals, 177 SCRA 588 [1989])

§ 6. Right of redemption under R.A. 3844 is liberally
interpreted

Sec. 12 of R.A. 3844 provides for the right of a tenant to
redeem his land within two years from the registration of
sale. A liberal interpretation of its provision is imperative
to give full force and effect to its clear intent. (Manuel v.
Court of Appeals, 118 SCRA 477 [1982]; Santiago v. Court
of Appeals, 179 SCRA 188 [1989])

§ 7. Tardiness of a lawyer in court attendance

While tardiness in court attendance is to be discouraged
because a lawyer is bound “not only to his client, but also to
the courts and to the public to be punctual in attendance,”
this, however, is no license for a trial judge to immediately

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consider the case submitted for decision without the

petitioner presenting her evidence just because of tardiness
for a very short time occasioned by excusable negligence,
properly brought to the attention of the court. A judge is
enjoined to be temperate and attentive, patient and
impartial. It may be well to sound a reminder that a judge
is not a depository of arbitrary power, but one under the
sanction of law. (Advento v. Mijares, 120 SCRA 45 [1983])

§ 8. Statutes offering rewards to informers must be
liberally construed

Statutes offering rewards must be liberally construed in
favor of informers and with regard to the purpose for which
they are intended, with mere technicality yielding to the
substantive purpose of the law. Otherwise, the government
would lose a positive and effective means of checking the
anomalies that are committed to the detriment of the
finances of the state. (Penid v. Virata, 121 SCRA 166
[1983]) Thus, under the Anti-Dummy Law (C.A. 108), Sec.

3-A provides that:
“In case of conviction under the provisions of this Act, twenty-

five per centum of any fine imposed shall accrue to the benefit of
the informer who furnishes to the government original
information leading to said conviction and who shall be
ascertained and named in the judgment of the court. If the
informer is a dummy, who shall voluntarily take the initiative of
reporting to the proper authorities any violation of the provisions
of this Act and assist in the prosecution, resulting in the
conviction of any person or corporation profiting thereby or
involved therein, he shall be entitled to the reward hereof in the
sum equivalent to twenty-five per centum of the fine actually paid
to or received by the government, and shall be exempted for the
penal liabilities provided for in this Act.”

In fact, there is a pending bill on the Whistleblowers Act
which was sponsored by the late Sen. Miriam Defensor
Santi-

626

ago (Senate Resolution No. 1883). The explanatory note in

said bill reads: “The government needs a new institutional
mechanism for integrity and accountability to avoid
scandals and restore credibility in the public service. The
litmus test for such reforms is the government’s treatment
of whistleblowers.”
Corollarily, R.A. 6981 (The Witness Protection Program)
is a much needed penal reform law that could help the
government in curbing crime by providing an antidote, as it
were, to the usual reluctance of witnesses to testify. The
rationale for the law is “Witnesses, for fear of reprisal and
economic dislocation, usually refuse to appear and testify
in the investigation/prosecution of criminal
complaints/cases. Because of such refusal, criminal
complaints/cases have been dismissed for insufficiency
and/or lack of evidence. For a more effective administration
of criminal justice, there was a necessity to pass a law
protecting witnesses and granting them certain rights and

benefits to ensure their appearance in investigative
bodies/courts. (Guingona, Jr. v. Court of Appeals, 292
SCRA 402 [1998])

§ 9. The mortgage insurance scheme of the Social
Security Commission must be liberally
interpreted

The Social Security System cannot be allowed to have
the advantage of collecting the insurance benefits from the
private life insurance companies and at the same time
avoid its responsibility of giving the benefits of the
Mortgage Redemption Insurance plan to the mortgagor.
The very reason for the existence of the Social Security
System is to extend social benefits. For SSS to be allowed
to deny benefits to its members, is certainly not in keeping
with its policy “x x x to establish, develop, promote and
perfect a sound and viable tax exempt social security
service suitable to the needs of the people throughout the
Philippines, which shall provide to covered employees and
their families protection against the

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VOL. 809, NOVEMBER 22, 2016 627

hazards of disability, sickness, old age, and death with a

view to promote their well-being in the spirit of social
justice.” (Serrano v. Court of Appeals, 130 SCRA 327
[1984])

§ 10. Proceedings connected with the issue on lis
pendens must be liberally construed

In one analogous case, the Supreme Court held:
The court, however, seeing that it is a precept of the Code of

Civil Procedure that “the provisions of this code, and the
proceedings under it, shall be liberally construed, in order to
promote its object and assist the parties in obtaining speedy
justice”; and seeing moreover that it is of vital concern to the
stability of the law that what the res judicata covers be declared
in a single judgment so that it may produce its far-reaching

effects, it is best that for the sake of justice the case be restored to
the status of answer to the complaint and not shut the door upon
the parties or fail to bring out before the court the true nature of
the action instituted, so that the question of lis pendens involved
in the defense and already raised, which is of capital importance
in the case, may be decided. (Lazo v. Lazo, 22 Phil. 380 [1912])

§ 11. Procedural lapses should not prejudice the
right to security of tenure of a tenant

Procedural lapses should not prejudice a tenant whose
right to security of tenure as a tenant is entitled to
protection (like disturbance compensation) even when the
power of eminent domain is exercised. (Lacuesta v.
Barangay Casabaan, Mun. of Cabangan, Zambales, 133
SCRA 77 [1984])

§ 12. Due execution of wills is liberally construed

The statutory requirements regarding the due execution
of will is liberal in approach. The purpose of this rule is to
prevent intestacy. (Roxas v. De Jesus, Jr., 134 SCRA 245
[1985])

628

§ 13. The rule on pauper litigants is liberally allowed

Petitioners as pauper litigants may be allowed to appeal
to give them their fullest day in court. (Ouano v. Court of
Appeals, 137 SCRA 241 [1985])

§ 14. Art. 1623 of the New Civil Code is liberally
construed

Art. 1623 of the New Civil Code provides as follows:
“The right of legal preemption or redemption shall not be
exercised except within thirty days from the notice in
writing by the prospective vendor, or by the vendor, as the
case may be. The deed of sale shall not be recorded in the
Registry of Property, unless accompanied by an affidavit of
the vendor that he has given written notice thereof to all
possible redemptioners. The right of redemption of co-
owners excludes that of adjoining owners.”
This law must be liberally construed because legal
redemption is in the nature of a mere privilege created by
law partly for reasons of public policy and partly for the
benefit and convenience of the redemptioner, to afford him
a way out of what might be a disagreeable or inconvenient
association into which he has been thrust. x x x The right
of legal redemption is a pure creation of the law regulated
by law, and works only one way — in favor of the
redemptioner. Not having parted with anything, the legal
redemptioner can compel the purchaser to sell but cannot
be compelled to buy. (Badillo v. Ferrer, 152 SCRA 407
[1987])

§ 15. Tax exemptions are liberally construed in favor
of the taxing authority

Any claim for tax exemption from tax statutes is strictly
construed against the taxpayer and liberally in favor of the
taxing authority. (Commissioner of Internal Revenue v.
Arnoldus Carpentry Shop, Inc., 159 SCRA 199 [1988]. See
also

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VOL. 809, NOVEMBER 22, 2016 629

Luzon Stevedoring Corporation v. Court of Tax Appeals,

163 SCRA 647 [1988]). The reason for the rule does not
apply in the case of exemptions running to the benefit of
the government itself or its agencies. In such case, the
practical effect of an exemption is merely to reduce the
amount of money that has to be handled by government in
the course of its operations. (Maceda v. Macaraig, Jr., 197
SCRA 771 [1991])

§ 16. A lawyer should not exploit his mastery of
procedural law to score a “technical knockout”
over his own client

For the enlightenment of the bench and the bar, the
Supreme Court held in one case:
“x x x we cannot overlook the unseemlier side of the proceeding

in which a member of the bar would exploit his mastery of
procedural law to score a “technical knockout” over his own client,
of all people. Procedural rules, after all have for their object
assistance unto parties “in obtaining just, speedy and inexpensive
determination of every action and proceeding.” If procedure were
to be an impediment to such an objective, “it deserts its proper
office as an aid to justice and becomes its great hindrance and
chief enemy.” (Canlas v. Court of Appeals, 164 SCRA 160 [1988])

§ 17. Art. 633 of the old Civil Code (now Art. 749 of
the New Civil Code) must be liberally construed

Art. 749 of the New Civil Code says:
Article 749. In order that the donation of an immovable may

be valid, it must be made in a public document, specifying therein
the property donated and the value of the charges which the
donee must satisfy.
The acceptance may be made in the same deed of donation or
in a separate public document, but it shall

630

not take effect unless it is done during the lifetime of the donor.
If the acceptance is made in a separate instrument, the donor
shall be notified thereof in an authentic form, and this step shall
be noted in both instruments.

A strict interpretation of Article 633 of the old Civil
Code (now Art. 749 of the New Civil Code) can lead to an
annulment of a donation. A literal adherence to the
requirement of the law might result not in justice to the
parties but conversely a distortion of their intentions. It is
a policy of the court to avoid such an interpretation.

(Pajarillo v. Intermediate Appellate Court, 176 SCRA 340
[1989])

§ 18. Service of summons in quasi-judicial
proceedings must be liberally treated

Procedural rules on service of summons are not strictly
construed in quasi-judicial proceedings. It is enough that
there is a substantial compliance with the rules. (Eden v.
Ministry of Labor and Employment, 182 SCRA 840 [1990];
Pison-Arceo Agricultural and Development Corp. v.
National Labor Relations Commission, 279 SCRA 312
[1997])

§ 19. Retirement laws are liberally construed.
Reason

The rule is that retirement laws are construed liberally
in favor of the retiring employee. However, when in the
interest of liberal construction the Court allows seeming
exceptions to fixed rules for certain retired Judges or
Justices, there are ample reasons behind each grant of an
exception. (Re: Gregorio G. Pineda, 187 SCRA 469 [1990];
Re: Request of [Ret.] Chief Justice Artemio V. Panganiban
for Recomputation of His Creditable Service for the Purpose
of Recomputing His Retirement Benefits, 690 SCRA 242
[2013])
The reason why retirement laws are liberally
interpreted in favor of the retiree is because their intention
is to provide

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VOL. 809, NOVEMBER 22, 2016 631

for his sustenance and even comfort, when he no longer has

the stamina to continue earning his livelihood. The liberal
approach aims to achieve the humanitarian purposes of the
law in order that the efficiency, security and well-being of
government employees may be enhanced. (Profeta v.
Drilon, 216 SCRA 777 [1992])

§ 20. Redemption laws are liberally construed

In cases involving redemption, the law protects the
original owner. It is the policy of the law to aid rather than
to defeat the owner’s right. Therefore, “redemption should
be looked upon with favor and where no injury will follow,
a liberal construction will be given to our redemption laws,
specifically on the exercise of the right to redeem.” (Iligan
Bay Manufacturing Corp. v. Dy, 524 SCRA 55 [2007])
Moreover, the fact alone that he is allowed the right to
redeem clearly demonstrates the tenderness of the law
toward him in giving him another opportunity, should his
fortunes improve, to recover his lost property. This benign
motivation would be frustrated by a too-literal reading that
would subordinate the warm spirit of the rule to its cold
language. (De los Reyes v. Intermediate Appellate Court,
176 SCRA 394 [1989])

§ 21. Courts are liberal in bond forfeiture. Reason

In the implementation of Section 15, Rule 114 on bond
forfeitures, courts generally adopt a liberal attitude
towards bondsmen and accept, if satisfactory, the
explanation for the non-production of the person of the
accused, because the ultimate desires of the State is not the
monetary reparation of the bondsman’s default, but the
enforcement and execution of the sentence, such as the
imprisonment of the accused or the payment by him of the
fine imposed. The surrender of the person of the accused so
that he can serve his sentence is its ultimate goal or object.
The provision for the confiscation of the bond, upon failure
within a reasonable time to produce

632

the person of the accused for the execution of the sentence,

is not based upon desire to gain from such failure; it is to
compel the bondsman to enhance its efforts to have the
person of the accused produced for the execution of the

sentence. (People v. Sanchez, 55 SCRA 276 [1974])

§ 22. Judge who is inexplicably liberal in the
proceedings thereby causing delay, commits grave
abuse of discretion

In a simple collection of a sum of money case, the facts
shows that:
The defendants failed to file an answer. After they were

declared in default, a decision was rendered and after it became
final, the court rendered its execution. Without appealing, the
defendant filed a petition for relief and the court promptly issued
a restraining order against the execution it had itself ordered. The
plaintiff filed an answer to the petition and it was set for hearing
thereafter. The defendant however failed to appear in all the
scheduled hearings so the court dismissed the petition for relief
and lifted its restraining order. The defendant filed a motion for
reconsideration and the judge granted the petition for relief. In
the light of these facts, there can be no doubt that respondent
judge gravely abused its discretion in issuing the questioned
orders. He was inexplicably liberal in issuing the questioned
orders. (Sacdalan v. Bautista, 56 SCRA 175 [1974]. See also
Araza v. Reyes, 64 SCRA 347 [1975], where a municipal trial court
judge was reprimanded for unduly granting repeated
postponements of a case)

§ 23. Rule on new trial should be liberally construed

The rule for granting of a motion for new trial as all
other rules of procedure, should be liberally construed to
assist the parties in obtaining a just and speedy
determination of their rights. Court litigations are
primarily for the search of truth

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VOL. 809, NOVEMBER 22, 2016 633

and a liberal interpretation of the rules by which both

parties are given the fullest opportunity to adduce proofs is
the best way to find out such truth. The dispensation of

justice and vindication of legitimate grievances should not
be barred by technicalities. (St. Peter Memorial Park, Inc.
v. Campos, Jr., 63 SCRA 180 [1975])

§ 24. A judge must exercise liberality in the
admission of evidence

A trial judge should display receptivity to offers of
evidence as well as to searching questions with the end in
view of having the truth come out. Justice is most
effectively and expeditiously administered in the courts
where trivial objections to the admission of proof are
received with least favor. The practice of excluding
evidence on doubtful objections to its materiality or
technical objections to the form of the questions should be
avoided. (People v. Montejo, 63 SCRA 488 [1975])

§ 25. The material data rule is liberally construed.
Purpose and reason for the rule

The material data rule is provided for in Sec. 6, Rule 41
of the 1997 Rules of Civil Procedure. It states:
Section 6. Record on appeal; form and contents thereof.—The

full names of all the parties to the proceedings shall be stated in
the caption of the record on appeal and it shall include the
judgment or final order from which the appeal is taken and, in
chronological order, copies of only such pleadings, petitions,
motions and all interlocutory orders as are related to the appealed
judgment or final order for the proper understanding of the issue
involved, together with such data as will show that the appeal
was perfected on time. If an issue of fact is to be raised on appeal,
the record on appeal shall include by reference all the evidence,
testimonial and documentary, taken upon the issue involved. The
reference shall spec-

634

ify the documentary evidence by the exhibit numbers or letters by

which it was identified when admitted or offered at the hearing,
and the testimonial evidence by the names of the corresponding
witnesses. If the whole testimonial and documentary evidence in
the case is to be included, a statement to that effect will be
sufficient without mentioning the names of the witnesses or the
numbers or letters of exhibits. Every record on appeal exceeding
twenty (20) pages must contain a subject index.

The liberal doctrine has been followed whenever the
material data rule is invoked to dismiss an appeal.
(Krueger v. Court of Appeals, 69 SCRA 50 [1976]. See also
Berkenkotter v. Court of Appeals, 53 SCRA 228 [1973])
The purpose of liberalizing the material data rule is to
avoid sacrificing substantial rights of litigants before the
altar of technicalities and with a view to achieving
consistency with substantial justice. (Recto v. Court of
Appeals, 117 SCRA 238 [1982])
The reason for Section 6, Rule 41 is to obviate and
eliminate waste of time that would be incurred by the
Appellate Tribunal in requiring the lower court to forward
the original record and in examining such records to
determine the timeliness of the appeal. (Araneta v.
Madrigal & Co., Inc., 18 SCRA 446 [1966], cited in Fonseca
v. Court of Appeals, 165 SCRA 40 [1988])

§ 26. Courts are liberal in accepting proffered
evidence during the trial

Courts are liberal in accepting proffered evidence since
even if they were to refuse to accept it, the affected party
will nevertheless be allowed to spread the excluded
evidence on the record, for review on appeal. Rulings of the
trial court on procedural questions and on admissibility of
evidence during the course of the trial are interlocutory in
nature and may not be the subject of separate appeal or
review on certiorari, but

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are to be assigned as errors and reviewed on appeal

properly taken from the decision rendered by the trial court
on the merits of the case. (Lazatin v. Campos, 92 SCRA 250
[1979])

§ 27. Rules of Court are not applicable to agrarian
cases even in a suppletory character

The Rules of Court shall not be applicable in agrarian
cases even in a suppletory character. The same provision
states that “in the hearing, investigation and
determination of any questions or controversy, affidavits
and counter-affidavits may be allowed and are admissible
in evidence.” (Reyes v. Court of Appeals, 216 SCRA 25
[1992]) In fact, agrarian reform laws were enacted
primarily because of the realization that there is an urgent
need to alleviate the lives of the vast number of poor
farmers in our country. (Gonzales v. Court of Appeals, 358
SCRA 598 [2001])

§ 28. The rule “falsus in uno, falsus in omnibus” is
not a mandatory rule

The testimony of a witness can be believed as to some
facts and disbelieved as to others. Even when a witness is
found to have deliberately falsified in some material
particulars, it is not required that the whole of their
uncorroborated testimony be rejected but such portions
thereof deemed worthy of belief may be credited. The above
maxim is not a mandatory rule of evidence but rather, a
permissible inference that the court may or may not draw.
(People v. Ducay, 225 SCRA 1 [1993]; People v. Masapol,
417 SCRA 371 [2003])

§ 29. Procedural statutes are liberally construed
while penal statutes are strictly construed

Penal statutes are strictly construed while procedural
statutes are liberally construed. The test in determining if
a statute is penal is whether as penalty is imposed for the
punish-

636

ment of a wrong to the public or for the redress of an injury

to an individual. Code prescribing the procedure in
criminal cases is not a penal statute and it to be
interpreted liberally. (Buenaseda v. Flavier, 226 SCRA 645
[1993])
However, penal laws should not be applied mechanically
if the application of the law is consistent with the purpose
of and reason for the law. Ratione cessat lex, et cessat lex.
(When the reason for the law ceases, the law ceases).
(Abarquez v. Court of Appeals, 408 SCRA 500 [2003])

§ 30. Rules of procedure are liberally construed
before administrative bodies

It is settled that rules of procedure are as a matter of
course construed liberally in proceedings before
administrative bodies. An administrative body is not
hamstrung by the strict procedural technicalities of the
Rules of Court. (Realty Exchange Venture Corporation v.
Sendino, 233 SCRA 665 [1994]) The essence of due process
in administrative proceedings is an opportunity to explain
one’s side or an opportunity to seek reconsideration of the
action or ruling complained of. (Emin v. De Leon, 378
SCRA 143 [2002])

§ 31. POEA proceedings are non-litigious in nature

The proceedings before the hearing officer in the POEA
is non-litigious in nature, subject to the requirements of
due process. The technicalities of law and procedure and
the rules obtaining in the courts of law shall not strictly
apply thereto. The Hearing Officer may avail himself of all
reasonable means to ascertain the facts of the case,
including ocular inspection, where appropriate and
examination of informed persons. In other words, the
POEA is not, among other things, strictly bound by the
technical rules of evidence. (Rase v. National Labor
Relations Commission, 237 SCRA 523 [1994])

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§ 32. The writ of habeas corpus must be liberally

construed

The writ of habeas corpus must be liberally construed.
In several decisions of the Supreme Court, it held:
The liberality with which the judiciary is to construe habeas

corpus petitions even if presented in pleadings on their face
devoid of merit was demonstrated in Ganaway v. Quilen, where
this Court, again through Justice Malcolm, stated: “As standing
alone the petition for habeas corpus was fatally defective in its
allegations, this court, on its motion, ordered before it the record
of the lower court in the case entitled Thomas Casey, et al. v.
George Ganaway.” It is to Justice Malcolm likewise in Conde v.
Rivera to whom is traceable the doctrine, one that broadens the
field of the operation of the writ, that a disregard of the
constitutional right to speedy trial ousts the court of jurisdiction
and entitles the accused if “restrained of his liberty, by habeas
corpus to obtain his freedom.” (Gumabon v. Director of the Bureau
of Prisons, 37 SCRA 420 [1971]; Fletcher v. The Director of Bureau
of Corrections, 593 SCRA 265 [2009])

Thus, when the judgment which could be affected and
modified by the reduced penalties under a subsequent law
has already become final and executory, or the accused is
serving sentence thereunder the matter should be brought
to the judicial authorities for reconsideration and
modification of sentence as substantial compliance in a
habeas corpus proceeding. (Villa v. Court of Appeals, 319
SCRA 794 [1999])

§ 33. An insurance policy must be liberally
interpreted

It is a cardinal rule on insurance that a policy or
insurance contract is to be interpreted liberally in favor of
the insured and strictly against the company, the reason
being to afford the greatest protection which the insured
was endeavoring to

638

secure when he applied for insurance. It is also a cardinal

rule that forfeitures are not favored and that any
construction which would result in the forfeiture of the
policy benefits for the person claiming thereunder, will be
avoided, if it is possible to construe the policy in a manner
which would permit recovery, as for example, by finding a
waiver for such forfeiture. (Geagonia v. Court of Appeals,
241 SCRA 152 [1995])
Moreover, when the terms of the insurance contract
contain limitations on liability, courts should construe
them in such a way as to preclude the insurer from
noncompliance with his obligation. Being a contract of
adhesion, the terms of an insurance contract are to be
construed strictly against the party which prepared the
contract — the insurer. By reason of the exclusive control
of the insurance company over the terms and phraseology
of the insurance contract, ambiguity must be strictly
interpreted against the insurer and liberally in favor of the
insured, especially to avoid forfeiture. (Philamcare Health
Systems, Inc. v. Court of Appeals, 379 SCRA 356 [2002])

§ 34. A law (like R.A. 7659 amending R.A. 6425, The
Dangerous Drugs Act) is favorable to the accused.
It is retroactive in character

The penalty imposed in Sec. 15 of R.A. 6425 as amended
by R.A. 7659 is now based on the quantity of the regulated
drugs involved. (People v. Cañeja, 235 SCRA 328 [1994];
People v. De Lara, 236 SCRA 291 [1994]) This law is
retroactive in character since it is favorable to the accused.
(People v. Ruelo, 237 SCRA 737 [1994]; People v. Flores, 243
SCRA 374 [1995]) and that the Indeterminate Sentence
Law shall be applied under the same law. (People v. Santos,
236 SCRA 689 [1994]; People v. Gabriel, 237 SCRA 493
[1994]). In fact, there is even an instance where the
Supreme Court overlooked a procedural lapse in an appeal
and granted a reconsideration of a litigant in a drugs case.
(Danao v. Court of Appeals, 243 SCRA 494 [1995])

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Moreover, all courts of competent jurisdiction may

entertain petitions for habeas corpus to consider the release
of prisoners convicted for violation of the Dangerous Drugs
Law who have served the maximum of the applicable
penalties prescribed by R.A. 7659. (Angeles v. Director of
New Bilibid Prisons, 240 SCRA 49 [1995]; Lamen v.
Director, Bureau of Corrections, 241 SCRA 573 [1995])

§ 35. A motion for the issuance of a hold departure
order must be heard

A motion for the issuance of a hold departure order
cannot be granted without giving the affected party an
opportunity to oppose it. (Vito v. Buslon, Jr., 243 SCRA 519
[1995])

§ 36. The prohibition against impairing contractual
obligation is not absolute

The constitutional prohibition against impairing
contractual obligations is not absolute and is not to be read
with literal exactness. It is restricted to contracts with
respect to property or some object of value and which confer
rights that may be asserted in a court of justice; it has no
application to statutes relating to public subjects within
the domain of the general legislative powers of the State
and involving the public rights and public welfare of the
entire community affected by it. It does not prevent a
proper exercise by the State of its police power by enacting
regulations reasonably necessary to secure the health,
safety, morals, comfort, or general welfare of the
community, even though contracts may thereby be affected
for such matters cannot be placed by contract beyond the
power of the State to regulate and control them.
Verily, the freedom to contract is not absolute; all
contracts and all rights are subject to the police power of
the State and not only may regulations which affect them
be established by the State, but all such regulations must
be subject to change from time to time, as the general well-
being of the community

640

may require or as the circumstances may change, or as

experience may demonstrate the necessity. (The Conference
of Maritime Manning Agencies, Inc. v. Philippine Overseas
Employment Administration, 243 SCRA 666 [1995])

§ 37. The Revised Securities Act protects public
investors

The Revised Securities Act is designed to protect public
investors from fraudulent schemes by regulating the sale
and disposition of securities, creating for this purpose, a
Securities and Exchange Commission to ensure proper
compliance with the law. (Securities and Exchange
Commission v. Court of Appeals, 246 SCRA 738 [1995])

§ 38. Withdrawal of an appeal in a criminal case
must be denied if the penalty is based on an
erroneous interpretation of the law

A motion to withdraw appeal in a murder case should be
denied. To permit the accused to recall the appeal would
enable him to suffer a lesser indeterminate sentence
erroneously decreed by the trial court. Otherwise, he would
be serving a void sentence with an illegitimate penalty
born out of a figurative liaison between judicial legislation
and unequal protection of the law. (People v. Gatward, 267
SCRA 785 [1997])

§ 39. The rules of procedure in contempt
proceedings are inapplicable in civil contempt
proceedings

Civil contempt proceedings are generally held to be
remedial and civil in nature; that is, for the enforcement of
some duty, and essentially a remedy resorted to, to
preserve and enforce the rights of a private party to an
action and to compel obedience to a judgment or decree
intended to benefit such a party-litigant. The rules of

procedure governing criminal

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contempt proceedings or criminal prosecutions, ordinarily

are inapplicable to civil contempt proceedings. (Remman
Enterprises, Inc. v. Court of Appeals, 268 SCRA 688 [1997])

§ 40. Rules of procedure was promulgated to
administer justice

Rules of procedure are promulgated so that the power of
the court to administer justice may be efficiently and
effectively exercised. The Rules are not made in restraint of
its power but to make it completely and fully available for
justice. The purpose of procedure is not to thwart justice.
Its proper aim is to facilitate the application of justice to
the rival claims of contending parties. It was created not to
hinder and delay but to facilitate and promote the
administration of justice. It does not constitute the thing
itself which courts are always striving to secure to
litigants. It is designed as a means best adapted to obtain
that thing. In other words, it is a means to an end. (People
v. Flores, 269 SCRA 62 [1997])

§ 41. Adoption statutes should be liberally construed

The main purpose of adoption statutes is the promotion
of the welfare of children. Accordingly, the law should be
construed liberally, in a manner that will sustain rather
than defeat said purpose. The law must also be applied
with compassion, understanding and less severity in view
of the fact that it is intended to provide homes, love, care
and education for less fortunate children. (Republic v.
Vergara, 270 SCRA 206 [1997]; Department of Social
Welfare and Development v. Belen, 275 SCRA 645 [1997])

§ 42. The Rule on Summary Procedure is liberally
construed

The Rule on Summary Procedure was conceptualized to
facilitate the immediate resolution of cases. Well-settled is
the

642

rule that forcible entry and detainer cases being summary

in nature and involving disturbance of social order,
procedural technicalities should be carefully avoided and
should not be allowed to override substantial justice.
(Rosales v. Court of Appeals, 200 SCRA 300 [1991], cited
with approval in Gachon v. Devera, Jr., 274 SCRA 540
[1997])

§ 43. The rule on locus standi is liberally applied

The Supreme Court has brightlined its liberal stance on
the rule on locus standi where the petitioner is able to craft
an issue of transcendental significance to the people.
(Tatad v. Secretary of the Department of Energy, 281 SCRA
330 [1997])
When the issue concerns a public right and the object of
mandamus is to obtain the enforcement of a public duty,
the people are regarded as the real parties-in-interest; and
because it is sufficient that petitioner is a citizen and as
such is interested in the execution of the laws, he need not
show that he has any legal or special interest in the result
of the action. (Chavez v. Presidential Commission on Good
Government, 299 SCRA 744 [1998])

§ 44. Construction of words that would make a
contract operative should be considered

As in a statute, no word, clause, sentence, provisions or
part of a contract shall be considered surplusage or
superfluous, meaningless, void, insignificant or nugatory, if
that can be reasonably avoided. To this end, a construction
which will render every word operative is to be preferred
over that which would make some words idle and nugatory.
(Allied Banking Corporation v. Court of Appeals, 284 SCRA

357 [1998])

§ 45. Rules on venue is for convenience

The question of venue essentially pertains to the trial
and relates more to the convenience of the parties rather
than

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upon the substance and merits of the case. Permissive

rules underlying provisions on venue are intended to
assure convenience for the plaintiff and his witnesses and
to promote the ends of justice. (Dayag v. Canizares, Jr., 287
SCRA 181 [1998])

§ 46. Conflicting laws must be reconciled to produce
a harmonious whole

It is a well-settled rule in legal hermeneutics that each
provision of law should be construed in connection with
every other part so as to produce a harmonious whole and
every meaning to be given to each word or phrase is
ascertained from the context of the body of the statute. Ut
magis valeat quam pereat. Consequently, laws are given a
reasonable construction such that apparently conflicting
provisions are allowed to stand and given effect by
reconciling them, reference being had to the moving spirit
behind the enactment of the statute. (Planters Association
of Southern Negros, Inc. v. Ponferrada, 317 SCRA 463
[1999])

§ 47. A petition for relief from judgment is a
principle of equity and constitutes a litigant’s last
chance to prosecute his case

Relief from judgment under Rule 38 of the Rules of
Court is a remedy provided by law to any person against
whom a decision or order is entered into through fraud,
accident, mistake, or excusable negligence. It is of equitable

character, allowed only in exceptional cases as when there
is no other available or adequate remedy. (Basco v. Court of
Appeals, 326 SCRA 768 [2000])

§ 48. Rules on the suspension of sentence of a First-
Time Minor Offender in Drugs cases

An accused who is over fifteen (15) years of age at the
time of the commission of the offense mentioned in Section
11 of

644

this Act, but not more than eighteen (18) years of age at the
time when judgment should have been promulgated after
having been found guilty of said offense, may be given the
benefits of a suspended sentence, subject to the following
conditions:
(a) He/she has not been previously convicted of
violating any provision of this Act, or of the Dangerous
Drugs Act of 1972, as amended; or of the Revised Penal
Code; or of any special penal laws;
(b) He/she has not been previously committed to a
Center or to the care of a DOH-accredited physician; and
(c) The Board favorably recommends that his/her
sentence be suspended.
While under suspended sentence, he/she shall be under
the supervision and rehabilitative surveillance of the
Board, under such conditions that the court may impose for
a period ranging from six (6) months to eighteen (18)
months.
Upon recommendation of the Board, the court may
commit the accused under suspended sentence to a Center,
or to the care of a DOH-accredited physician for at least six
(6) months, with after-care and follow-up program for not
more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at
the time of the commission of any offense penalized under
this Act, Article 192 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code, as

amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this
Section. (Sec. 66, R.A. No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002. See also
People v. Elamparo, 329 SCRA 404 [2000])
Corollarily, there is even an instance where the
Supreme Court overlooked a procedural lapse in an appeal
and granted a reconsideration of a litigant in a drugs case.
(Danao v. Court of Appeals, 243 SCRA 494 [1995])

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§ 49. An insane cannot be punished for an offense

In all civilized nations, an act done by a person in a state
of insanity cannot be punished as an offense. The insanity
defense is rooted in the basic moral assumption of criminal
law. Man is naturally endowed with the faculties of
understanding and free will. The consent of the will is that
which renders human actions laudable or culpable. Hence,
where there is a defect of the understanding, there can be
no free act of the will. An insane accused is not morally
blameworthy and should not be legally punished. No
purpose of criminal law is served by punishing an insane
accused by reason of his mental state, he would have no
control over his behavior and cannot be deterred from
similar behavior in the future. (People v. Madarang, 332
SCRA 99 [2000])
In fact, if a person appears to be insane or of unsound
mental condition in a criminal case, the arraignment will
be suspended. (People v. Alcalde, 382 SCRA 621 [2002])

§ 50. The Revised Internal Rules of the Court of
Appeals gives a leeway for parties to perfect an
appeal

Sec. 3(d), Rule 3 of the Revised Internal Rules of the
Court of Appeals give it a certain leeway to require parties
to submit additional documents as may be necessary in the
interest of justice. (Cusi-Hernandez v. Diaz, 336 SCRA 113

[2000])

§ 51. The privilege of withholding the identity of
informers in drug-related cases must give way
when it is helpful to the defense of the accused

Non-presentation of an informer is a privilege that has
its own inherent limitation — that of fairness in the
administration of criminal justice. Thus, where the
disclosure of an informer’s identity is relevant and helpful
to the defense of the accused, or is essential to a proper
disposition of the case, the

646

privilege must give way. Trial courts must always bear in

mind that the right to meet the accuser and to have him
examined is a fundamental right. The constitution so
mandates and they cannot do otherwise, especially so in
instances where the party sought to be presented and
examined possesses vital information essential to the
defense in vindicating the accused’s plea of innocence.
(People v. Bagano, 181 SCRA 747 [1990]. See also People v.
Sahagun, 182 SCRA 91 [1990])

§ 52. Sec. 13, Rule 44 of the 1997 Rules of Civil
Procedure helps secure substantial justice

The form and contents of the appellant’s brief is
specified in Section 13, Rule 44 of the 1997 Rules of Civil
Procedure. The requirements set forth therein are intended
to aid the appellate court in arriving at a just and proper
conclusion of the case. However, despite deficiencies in
form and substance, said rule may be relaxed. After all,
technical and procedural rules are intended to help secure
and not to suppress substantial justice. A deviation from a
rigid enforcement of the rules may thus be allowed to
attain the prime objective for, after all, the dispensation of
justice is the core reason for the existence of courts.
(Philippine Coconut Authority v. Corona International, Inc.,

341 SCRA 519 [2000])

§ 53. Curative statutes are designed to enable
persons to carry into effect what they have
intended

Curative statutes are enacted to cure defects in a prior
law or to validate legal proceedings which would otherwise
be void for want of conformity with certain legal
requirements. They are intended to supply defects, abridge
superfluities and curb certain evils. They are intended to
enable persons to carry into effect that which they have
designed or intended, but has failed of expected legal
consequence by reason of some statutory disability or
irregularity in their own action. They make

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VOL. 809, NOVEMBER 22, 2016 647

valid that which, before the enactment of the statute was

invalid. Their purpose is to give validity to acts done that
would have been invalid under existing laws, as if existing
laws have been complied with. (Narzoles v. National Labor
Relations Commission, 341 SCRA 533 [2000])

§ 54. Laches should not be strictly followed

It is the better rule that courts, under the principle of
equity, shall not be bound strictly by the doctrine of laches,
when a manifest wrong or injustice would result. (Lim v.
Lim-Yu, 352 SCRA 216 [2001])
In fact, the doctrine of laches is not strictly applied
between near relatives and the fact that the parties are
connected by ties of blood or marriage tends to excuse an
otherwise unreasonable delay. (Tong v. Go Tiat Kun, 722
SCRA 623 [2014])

§ 55. Law on prescription of crimes which is
favorable to the accused must be adopted

In the interpretation of the law on prescription of

crimes, that which is more favorable to the accused is to be
adopted. The said legal principle takes place into account
the nature of the law on prescription of crimes which is an
act of amnesty and liberality on the part of the state in
favor of the offender. (People v. Pacificador, 354 SCRA 310
[2001])

§ 56. A dissolved corporation may still sue even
beyond the three-year period of liquidation

The trustee of a dissolved corporation may commence a
suit which can proceed to final judgment even beyond the
three-year period of liquidation. The expiration of the
three-year period should not be a bar to the enforcement of
its rights as a corporation. One of these rights is to seek
from the court the execution of a valid and final judgment.
To hold otherwise

648

would be to enrich the defendants at the expense of said

corporation. (Knecth v. United Cigarette Corp., 384 SCRA
45 [2002]) In fact, the termination of the life of a juridical
entity does not by itself cause the extinction or diminution
of the rights and liabilities of such entity. (Republic v.
Tancinco, 394 SCRA 386 [2002])

§ 57. Rules creating the Court of Tax Appeals is not
governed strictly by technical rules of evidence

While the rules of evidence and jurisprudence do not
sanction the grant of evidentiary value to evidence which is
not formally offered, it must be stressed that technical
rules of procedure are not ends in themselves but are
primarily designed to help in the administration of justice.
Moreover, Section 8 of Republic Act No. 1125 creating the
Court of Tax Appeals expressly provides that it shall not be
governed strictly by technical rules of evidence. (AB
Leasing and Finance Corporation v. Commissioner of

Internal Revenue, 405 SCRA 380 [2003])

§ 58. The rule on priorities in modes of service is
merely directory

Sec. 11, Rule 13 of the 1997 Rules of Civil Procedure
states: “Whenever practicable, the service and filing of
pleadings and other papers shall be done personally. x x x
A violation of this rule may be cause to consider the paper
as not filed.” It is incumbent upon the court to use
discretion in determining whether substantial justice will
be served (or rights unjustifiably prejudiced) if it resolves
to dismiss a petition because of noncompliance, with a mere
directory rule. As aptly held, a litigation is rather a contest
in which each contending party fully and fairly lays before
the court the facts in issue and then, brushing aside as
wholly trivial and indecisive all imperfections of form and
technicalities of procedure, asks that

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justice be done in the merits. (Barnes v. Reyes, 411 SCRA

538 [2003])

§ 59. The forum shopping rule (Circular No. 04-94,
now Sec. 5, Rule 7 of the 1997 Rules of Civil
Procedure) must be liberally construed

The rule is liberally construed, especially if there are
special circumstances or special reasons which justifies its
relaxation. (Sy Chin v. Court of Appeals, 345 SCRA 673
[2000]; Pilipinas Shell Petroleum Corporation v. John
Bordman Ltd. of Iloilo, Inc., 473 SCRA 151 [2005])
Thus, the belated filing of a certification is permitted in
exceptional circumstances (China Banking Corporation v.
Mondragon International Philippines, Inc., 475 SCRA 332
[2005]; Median Container Corporation v. Metropolitan
Bank and Trust Company, 561 SCRA 622 [2008], but a
party who invokes a liberal application of the rule should at
least exert some effort to comply with them. (Metro Drug

Distribution, Inc. v. Narciso, 495 SCRA 286 [2006];
Mactan-Cebu International Airport Authority v. Heirs of
Estanislao Miñoza, 641 SCRA 520 [2011]), and that the
rule may be relaxed, provided two conditions are met: (1)
petitioner must show justifiable cause for his failure to
personally sign the certification; and (2) he must also be
able to prove that the outright dismissal of the petition
would seriously impair the orderly administration of
justice. (Tolentino v. Rivera, 480 SCRA 87 [2006])
In fact, the subsequent filing of a certification duly
signed by the petitioner himself should thus be deemed
substantial compliance, pro hac vice. (Anderson v. Ho, 688
SCRA 8 [2013])

§ 60. All doubts must be resolved in favor of the
accused (In dubilis reus est absolvendus)

All doubts must be resolved in favor of the accused.
Nowhere is this rule more compelling than in a case
involving

650

the death penalty, for a truly humanitarian Court would

rather set ten guilty men free than send one innocent man
to the death row. (People v. Tapales, 313 SCRA 610 [1999];
People v. Monje, 390 SCRA 160 [2002]; People v. Lumibao,
421 SCRA 65 [2004]; People v. Abujan, 422 SCRA 449
[2004]; People v. Suarez, 456 SCRA 333 [2005])

§ 61. Probate of a will is liberal in character

In probate cases, the courts should disregard the
ordinary rules of procedure and of evidence to the end that
nothing less than the best evidence of which the matter is
susceptible should be required to be presented to it before a
document purported to be legalized as a will is to be
probated or to be denied probate. Whenever the court has
reasonable doubt as to the material facts concerning the
proper execution of a will, it should take the initiative of

requiring the parties to take the appropriate steps to erase
such doubt.
Unlike in adversary proceedings wherein the rule is that
the party in whose favor the evidence preponderates should
be awarded the palm of victory, probate proceedings are
instituted so that the state may see to it that a testator’s
will, if duly executed, may be legalized and the courts, as
agents of the state, should not stop short of being fully
convinced that there has been or has not been compliance
with the requirements of the formalities required by law in
the execution of the testament, so much so that if the
opposing parties, for any reason, should leave material
evidence unpresented or unclarified, and from the
circumstances, the court has reason to believe that better
evidence exists, the court should try to remedy the
situation by calling for more complete and clearer evidence,
and so it is that when it appears to the appellate court that
the evidence is incomplete or insufficient to either establish
or disprove any essential fact in an appealed probate
proceeding, it is not only within the authority but more of
an obligation on its part to return the case for further
proceedings, so that the evidence may be completed and in
order

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that the court may be provided with adequate and concrete

basis for deciding the issues of authenticity and due
execution of the will before it with as much degree of
certainty, as all the attendant circumstances will permit.
(Vda. de Precilla v. Narciso, 46 SCRA 538 [1972])

§ 62. The philosophy of the law on complex crimes is
to favor the accused

The underlying philosophy of complex crimes in the
Revised Penal Code, which follows the pro reo principle, is
intended to favor the accused by imposing a single penalty
irrespective of the crimes committed. The rationale being,
that the accused who commits two crimes with single

criminal impulse demonstrates lesser perversity than when
the crimes are committed by different acts and several
criminal resolutions. (People v. Comadre, 431 SCRA 366
[2004])

——o0o——
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10/22/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 809

* Former Associate Dean, UE College of Law; Professor of Law; Author

618 SUPREME COURT REPORTS ANNOTATED

§ 12. Due execution of wills is liberally construed, p.

§ 27. Rules of Court are not applicable to agrarian

VOL. 809, NOVEMBER 22, 2016 619

§ 30. Rules of procedure are liberally construed

§ 43. The rule on locus standi is liberally applied, p.

620 SUPREME COURT REPORTS ANNOTATED

§ 47. A petition for relief from judgment is a

§ 59. The forum shopping rule (Circular No. 04-94,

VOL. 809, NOVEMBER 22, 2016 621

“Laws and rules should be interpreted and applied not

§ 2. Election protests are liberally interpreted.

622 SUPREME COURT REPORTS ANNOTATED

[1981]) In an election case, the court has an imperative

(Recabo, Jr. v. Commission on Elections, 308 SCRA 793

VOL. 809, NOVEMBER 22, 2016 623

SCRA 786 [1981]; Calasiao Farmers Cooperative Marketing

624 SUPREME COURT REPORTS ANNOTATED

SCRA 1 [1983]) The purpose is to protect persons in the

VOL. 809, NOVEMBER 22, 2016 625

consider the case submitted for decision without the

[1983]) Thus, under the Anti-Dummy Law (C.A. 108), Sec.

“In case of conviction under the provisions of this Act, twenty-

626 SUPREME COURT REPORTS ANNOTATED

ago (Senate Resolution No. 1883). The explanatory note in

protecting witnesses and granting them certain rights and

VOL. 809, NOVEMBER 22, 2016 627

hazards of disability, sickness, old age, and death with a

The court, however, seeing that it is a precept of the Code of

in a single judgment so that it may produce its far-reaching

628 SUPREME COURT REPORTS ANNOTATED

§ 13. The rule on pauper litigants is liberally allowed

VOL. 809, NOVEMBER 22, 2016 629

Luzon Stevedoring Corporation v. Court of Tax Appeals,

over his own client

“x x x we cannot overlook the unseemlier side of the proceeding

Article 749. In order that the donation of an immovable may

630 SUPREME COURT REPORTS ANNOTATED

a policy of the court to avoid such an interpretation.

VOL. 809, NOVEMBER 22, 2016 631

for his sustenance and even comfort, when he no longer has

632 SUPREME COURT REPORTS ANNOTATED

the person of the accused for the execution of the sentence,

person of the accused produced for the execution of the

The defendants failed to file an answer. After they were

VOL. 809, NOVEMBER 22, 2016 633

and a liberal interpretation of the rules by which both

the best way to find out such truth. The dispensation of

Section 6. Record on appeal; form and contents thereof.—The

634 SUPREME COURT REPORTS ANNOTATED

ify the documentary evidence by the exhibit numbers or letters by

VOL. 809, NOVEMBER 22, 2016 635

are to be assigned as errors and reviewed on appeal

636 SUPREME COURT REPORTS ANNOTATED

ment of a wrong to the public or for the redress of an injury

VOL. 809, NOVEMBER 22, 2016 637

§ 32. The writ of habeas corpus must be liberally

The liberality with which the judiciary is to construe habeas

638 SUPREME COURT REPORTS ANNOTATED

secure when he applied for insurance. It is also a cardinal

VOL. 809, NOVEMBER 22, 2016 639