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Showing posts with the label LAW OF THE CASE

FULGENCIO vs. NATIONAL LABOR RELATIONS COMMISSION | G.R. No. 141600 | September 12, 2003

FULGENCIO vs. NATIONAL LABOR RELATIONS COMMISSION G.R. No. 141600, September 12, 2003  Facts Petitioners failed to indicate in their petition with the CA the dates showing when they received notice of the NLRC‘s June 16, 1998 Decision, and the date when they filed a motion for reconsideration therefrom, in violation of Section 3, Rule 46 of the Revised Rules of Court, as amended. Petitioners also failed to include in their petition the required explanation under Section 11, Rule 13 of the same Rules as to why personal service upon the respondents was not resorted to; hence, the dismissal thereof by the CA.  Issue Whether or not strict adherence to technicalities in the application of the provisions of the Rules of Court impede the cause of justice.  Ruling Rules of procedure applied in a very rigid, technical sense override substantial justice. It is a far better and more prudent course of action for the court to excuse a technical lapse  ...