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Sunday, December 14, 2014 Search This Blog

BANK OF THE PHILIPPINE ISLANDS vs. DOMINGO R. Search

DANDO G.R. No. 177456 September 4, 2009 (Case Digest)

FACTS:
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The instant Petition stemmed from a Complaint for Sum of Money and Damages by BPI against Indeterminate Sentence Law (ISLAW):
Dando before the RTC.Dando availed of a loan in the amount of P750,000.00 from Far East Bank and How to determine maximum and
Trust Company (FEBTC), BPI's predecessor in interest. Dando defaulted in the payment and despite minimum penalties
repeated demands, Dando refused and/or failed to pay his just and valid obligation. (Act no 4103 as amended) The
Indeterminate Sentence Law is
After Dando filed with the RTC his Answer with Counterclaim, BPI filed its Motion to Set Case for Pre- mandatory in all cases, EXCEPT if the
Trial. The RTC issued a Notice of Pre-Trial Conference, which directed the parties to submit their accused will fall in any of the
following...
respective pre-trial briefs at least three days before the scheduled date of pre-trial. 
Oposa vs. Factoran Case Digest (G.R.
Dando submitted his Pre-trial Brief on time while BPI filed its Pre-trial Breif with the RTC and furnished No. 101083, July 30, 1993)
Dando with a copy thereof on the very day of the scheduled Pre-Trial Conference. Dando then moved FACTS: The plaintiffs in this case are all
for the dismmissal of the case on the ground of late filing of the Pre-trial Brief. RTC granted Dando’s minors duly represented and joined by
Motion to Dismiss. their parents. The first complaint was
filed as a taxpay...
BPI filed a Motion for Reconsideration with the RTC which reconsidered and set aside it former order.
Dando filed a Motion for Reconsideration
Mercado v. Manzano Case Digest [G.R.
No. 135083. May 26, 1999]
but was denied.
FACTS: Petitioner Ernesto Mercado and
Eduardo Manzano were both
Dando sought recourse from the Court of Appeals by filing a Petition for Certiorari. CA held that BPI's candidates for Vice-Mayor of Makati in
excuse is too flimsy to justify the reversal of an earlier order dismissing the action.  The BPI did not the May 11, 1998 elections. Based...
come forward with the most convincing reason for the relaxation of the rules, or has not shown any
persuasive reason why it should be exempt from abiding by the rules. The RTC decision was FERDINAND E. MARCOS vs. HON.
ANNULLED and SET ASIDE by the CA. RAUL MANGLAPUS (177 SCRA 668)
Case Digest
Hence, this Petition. Facts: After Ferdinand Marcos was
deposed from the presidency, he and
his family fled to Hawaii. Now in his
ISSUE:
deathbed, petitioners are a...

IS THE HONORABLE COURT OF APPEALS, IN ISSUING THE DECISION AND RESOLUTION, CORRECT USA vs. GUINTO, 182 SCRA 644 Case
WHEN IT STRICTLY APPLIED THE RULES OF PROCEDURE. Digest
These are cases that have been
RULING: consolidated because they all involve
the doctrine of state immunity. The
It is a basic legal construction that where words of command such as “shall,” “must,” or “ought” are United States of America was not i...
employed, they are generally and ordinarily regarded as mandatory.   Thus, where, as in Rule 18,
Sections 5 and 6 of the Rules of Court, the word “shall” is used, a mandatory duty is imposed, which
the courts ought to enforce.
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x x x However, it is equally true that litigation is not merely a game of technicalities.   Law and March (7)
jurisprudence grant to courts the prerogative to relax compliance with procedural rules of even the
most mandatory character, mindful of the duty to reconcile both the need to put an end to litigation February (2)
speedily and the parties’ right to an opportunity to be heard. x x x This is in line with the time-honored
principle that cases should be decided only after giving all parties the chance to argue their causes December (3)
and defenses.   Technicality and procedural imperfection should, thus, not serve as basis of
November (4)
decisions.  In that way, the ends of justice would be better served.  For, indeed, the general objective
of procedure is to facilitate the application of justice to the rival claims of contending parties, July (7)
bearing always in mind that procedure is not to hinder but to promote the administration of justice.
May (1)
In Sanchez v. Court of Appeals, the Court restated the reasons that may provide justification for a
April (1)
court to suspend a strict adherence to procedural rules, such as:  (a) matters of life, liberty, honor or
property; (b) the existence of special or compelling circumstances; (c) the merits of the case; (d) a October (8)
cause not entirely attributable to the fault or negligence of the party favored by the suspension of
the rules; (e)  a lack of any showing that the review sought is merely frivolous and dilatory; and (f) September (3)
the fact that the other party will not be unjustly prejudiced thereby.
 August (2)
x x x The substantive right of BPI to recover a due and demandable obligation cannot be denied or
diminished by a rule of procedure, more so, since Dando admits that he did avail himself of the credit July (8)
line extended by FEBTC, the predecessor-in-interest of BPI, and disputes only the amount of his
outstanding liability to BPI. To dismiss the case with prejudice and, thus, bar BPI from recovering the
amount it had lent to Dando would be to unjustly enrich Dando at the expense of BPI.

x x x BPI did not manifest an evident pattern or scheme to delay the disposition of the case or a
wanton failure to observe a mandatory requirement of the Rules.   In fact, BPI, for the most part,
exhibited diligence and reasonable dispatch in prosecuting its claim against Dando by immediately
moving to set the case for Pre-Trial Conference after its receipt of Dando’s Answer to the Complaint;
and in instantaneously filing a Motion for Reconsideration of the 10 October 2003 Order of the RTC
dismissing the case.

Accordingly, the ends of justice and fairness would be best served if the parties are given the full
opportunity to thresh out the real issues and litigate their claims in a full-blown trial.  Besides, Dando
would not be prejudiced should the RTC proceed with the hearing of the case, as he is not stripped of
any affirmative defenses nor deprived of due process of law.

WHEREFORE, premises considered, the instant Petition is GRANTED.

Posted by
gemendio
at
11:05 PM

Labels:
BPI vs. DANDO,
civil procedure,
G.R. No. 177456,
rule 18,
Rule 18. Pre-trial

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