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THIRD DIVISION

November 22, 2017

G.R. No. 208224

DR. JOSEPH L. MALIXI, DR. EMELITA Q. FIRMACION, IVIARIETTA MENDOZA, AURORA AGUSTIN, NORA
AGUILAR, MA. THERESA M. BEFETEL, and MYRNA NISAY, Petitioners

vs.

DR. GLORY V. BALTAZAR, Respondent

DECISION

LEONEN, J.:

This is a Petition for Review on Certiorari1 under Rule 45 of the 1997 Rules of Civil Procedure, praying
that the January 22, 20132 and July 16, 20133 Resolutions of the Court of Appeals in CA-G.R. SP No.
127252 and the October 17, 2011 Decision4 and July 17, 2012 Resolution5 of the Civil Service
Commission be reversed and set aside.6 The Civil Service Commission dismissed the administrative
complaint of herein petitioners Dr. Jose L. Malixi (Dr. Malixi), Dr. Emelita Q. Finnacion (Dr. Firmacion),
Marietta Mendoza (Mendoza), Aurora Agustin (Agustin), Nora Aguilar (Aguilar), Ma. Theresa M. Befetel
(Befetel), and Myrna Nisay (Nisay) against herein respondent Dr. Glory V. Baltazar (Baltazar) for violating
the rule on forum shopping.7 The Court of Appeals dismissed the Petition for Certiorari filed by
petitioners on procedural grounds.8

In their Complaint9 dated December 15, 2010, petitioners prayed before the Civil Service Commission
that respondent Dr. Baltazar be held administratively liable for gross misconduct and that she be
dismissed from service.10

Petitioners were employees of Bataan General Hospital holding the following positions: Dr. Malixi was
the Vice President of the Samahan ng Manggagawa ng Bataan General Hospital, Dr. Firmacion was a
Medical Specialist II, Mendoza and Agustin were both Nurse III, Aguilar and Befetel were both Nurse II,
and Nisay was a Nursing Attendant II. Meanwhile, Dr. Baltazar was the Officer-in-Charge Chief of Bataan
General Hospital.11

Petitioners alleged that sometime in May 2008, the Department of Health and the Province of Bataan
entered into a Memorandum of Agreement regarding the construction of Bataan General Hospital's
three (3)-storey building. While this Memorandum was in effect, the Department of Health, through
then Secretary Francisco T. Duque (Duque), issued Department Personnel Order No. 2008-1452,
appointing Dr. Baltazar as the hospital's Officer-in-Charge.12

According to petitioners, the Department of Health and the Province of Bataan entered into a
Supplemental Memorandum.13 One (1) of the provisions stated that the parties agreed to give the
supervision of the hospital to the Secretary of Health or "his duly authorized representative with a
minimum rank of Assistant Secretary[.]"14 A third Memorandum of Agreement was executed by the
parties on June 16, 2009, but the Department of Health refused to renew the agreement "due to a
complaint already filed before the Honorable Congresswoman Herminia Roman, and before the
Department of Health."15

In their Complaint, petitioners questioned the validity of Dr. Baltazar's appointment and qualifications.16
They alleged that her appointment was "without any basis, experience[,] or expertise[.]"17 They claimed
that she was appointed only by virtue of an endorsement of the Bataan Governor and without the
prescribed Career Service Executive Board qualifications.18 Thus, her appointment violated Sections 8(1)
(c), 8(2), 21 (1), and 22 of Book V of the Administrative Code, which provide:
SECTION 8. Classes of Positions in the Career Service.- (1) Classes of positions in the career service
appointment to which requires examinations shall be grouped into three major levels as follows;

....

(c) The third level shall cover positions in the Career Executive Service.

(2) Except as herein otherwise provided, entrance to the first two levels shall be through competitive
examinations, which shall be open to those inside and outside the service who meet the minimum
qualification requirements. Entrance to a higher level does not require previous qualification in the lower
level. Entrance to the third level shall be prescribed by the Career Executive Service Board.

....

SECTION 21. Recruitment and Selection of Employees. - (1) Opportunity for government employment
shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to
enter the service, Employees shall be selected on the basis of fitness to perform the duties and assume
the responsibilities of the positions.

....

SECTION 22. Qualification Standards. - (1) A qualification standard expresses the minimum requirements
for a class of positions in terms of education, training and experience, civil service eligibility, physical
fitness, and other qualities required for successful performance. The degree of qualifications of an officer
or employee shall be determined by the appointing authority on the basis of the qualification standard
for the particular position.

Qualification standards shall be used as basis for civil service examinations for positions in the career
service, as guides in appointment and other personnel actions, in the adjudication of protested
appointments, in determining training needs, and as aid in the inspection and audit of the agencies'
personnel work programs.
It shall be administered in such manner as to continually provide incentives to officers and employees
towards professional growth and foster the career system in the government service.

(2) The establishment, administration and maintenance of qualification standards shall be the
responsibility of the department or agency, with the assistance and approval of the Civil Service
Commission and in consultation with the Wage and Position Classification Office.19 (Emphasis and
underscoring in the original)

Petitioners pointed out that Dr. Baltazar's appointment was by virtue of a secondment pursuant to the
Memorandum of Agreement. Her third year as Officer-in.Charge via secondment already violated the law
for failing to comply with the required qualification standards.20 Granting that there was compliance,
secondment that exceeds one (1) year is subject to the Civil Service Commission's approval under
Section 9(a),21 Rule VII of the Omnibus Rules Implementing Book V of Executive Order No. 292 and
Department of Health Administrative Order No. 46, series of 2001. Civil Service Commission
Memorandum Circular No. 15, series of 1999 likewise provides that the contract of secondment should
be submitted to the Commission within 30 days from its execution. A year after Dr. Baltazar's
secondment, the Commission did not issue any authority for her to continue to hold office as Officer-in-
Charge of the hospital. Hence, her assumption without the required authority was deemed illegal.22

Petitioners averred that the non-renewal of the Memorandum of Agreement by the Department of
Health rendered her appointment ineffective. Her holding of the position after this non-renewal was
already illegal.23

In addition to Dr. Baltazar's alleged invalid appointment and lack of qualifications, petitioners contended
that she committed several abusive and malevolent acts detrimental to Bataan General Hospital's
officers and employees.24 She authorized the collection of fees for the insertion and removal of
intravenous fluids and fees for the Nurse Station without any legal basis.25 She also caused the removal
from payroll of an employee, who, up to the filing of the Complaint, had yet to receive remuneration,
hazard pay, subsistence, and other allowances.26

Petitioners likewise alleged that Dr. Baltazar manipulated the creation of the Selection and Promotion
Board to give her control over the personnel's employment and promotion. She also disregarded the
next-inline rule when it comes to appointment and promotion of employees.27
Furthermore, Dr. Baltazar allegedly employed two (2) doctors as contractual employees who were paid
₱20,000.00 but worked only half the time rendered by an employee-doctor of Bataan General Hospital.
Lastly, petitioners claimed that Dr. Baltazar allowed her doctor siblings to accommodate private patients
while expressly prohibiting other doctors to do the same.28

On October 17, 2011, the Civil Service Commission rendered a Decision29 dismissing the Complaint on
the ground of forum shopping. The Civil Service Commission found that all elements of forum shopping
were present in the case and that petitioners' letter dated September 7, 2010 filed with the Department
of Health contained the same allegations against Dr. Baltazar and sought for the same relief. Finally, the
judgment by the Department of Health would result to res judicata in the case before the Civil Service
Commission. It also noted that another case was pending before the Office of the Ombudsman in
relation to the alleged removal of an employee in the hospital's payroll.30

Nevertheless, the Civil Service Commission resolved the issue of Dr. Baltazar's appointment "[f]or
clarificatory purposes[.]"31 It held that Dr. Baltazar was not appointed as Officer-in-Charge of Bataan
General Hospital but was merely seconded to the position. Section 6 of the Civil Service Commission
Circular No. 40, series of 1998, only requires that seconded employees occupy a "professional, technical
and scientific position[.]"32

The Civil Service Commission added that the approval requirement for secondments that exceed one (1)
year was already amended by Civil Service Commission Circular No. 06-1165.33 The new circular merely
required that the Memorandum of Agreement or the secondment contract be submitted to the
Commission "for records purposes[.]"34 Failure to submit within 30 days from the execution of the
agreement or contract will only make the secondment in effect 30 days before the submission date.35

On the alleged violation of the next-in-line rule, the Civil Service Commission held that "[e]mployees
holding positions next-in-rank to the vacated position do not enjoy any vested right thereto for purposes
of promotion."36 Seniority will only be considered if the candidates possess the same qualifications.37

The dispositive portion of the Civil Service Commission Decision read:

WHEREFORE, the complaint of Dr. Joseph L. Malixi, Dr. Emelita Q. Firmacion, Marietta Mendoza, Aurora
Agustin, Nora Aguilar, Ma. Theresa M. Befetel and Myrna Nisay against Dr. Glory V. Baltazar for
Dishonesty; Misconduct; Oppression; Violation of Existing Civil Service Law and Rules or Reasonable
Office Regulations; and Conduct Prejudicial to the Best Interest of the Service and Being Notoriously
Undesirable is hereby DISMISSED for violation of the rule against forum-shopping.38 (Emphasis in the
original)

Petitioners moved for reconsideration and argued that the letter before the Department of Health was
simply a request to meet the Secretary, and not a Complaint. Furthermore, the letter before the
Department of Health and the Complaint before the Civil Service Commission did not contain the same
parties or seek the same relief.39

On July 17, 2012, the Civil Service Commission promulgated a Resolution40 denying the Motion for
Reconsideration. It held that it was the Department of Health that considered petitioners' letter as their
complaint, and not the Civil Service Commission. Moreover, the Department of Health already exercised
jurisdiction over the case when it required Dr. Baltazar to comment on the letter-complaint.41

Petitioners elevated the case before the Court of Appeals.

On January 22, 2013, the Court of Appeals issued a Minute Resolution,42 dismissing the appeal:

The petition is DISMISSED in view of the following:

1. the dates when the assailed Decision was received and when [a Motion for Reconsideration] thereto
was filed are not indicated;

2. the attached October 17, 2011 Decision and July 17, 2012 Resolution are mere photocopies;

3. petitioner's counsel's [Mandatory Continuing Legal Education] date of compliance is not indicated; and
4. there are no proofs of competent evidence of identities.43

Petitioners moved for reconsideration, which was denied by the Court of Appeals in its July 16, 2013
Minute Resolution.44

On September 4, 2013, petitioners filed a Petition for Review45 against Dr. Baltazar before this Court.
They pray for the reversal of the Decision and Resolution of the Court of Appeals and of the Decision and
Resolution of the Civil Service Commission.46

Petitioners maintain that they indicated the important dates in their appeal before the Court of Appeals
and that they attached certified true copies of the assailed Decision and Resolution.47 However, they
admit that they failed to indicate the date of their counsel's Mandatory Continuing Legal Education
(MCLB) compliance and to provide proof of "competent evidence of identities."48

Petitioners also deny that they committed forum shopping. The alleged Complaint sent to the
Department of Health was a mere letter stating the employees' grievances and objections to the
illegalities and violations committed by respondent. It was a mere request for the Department of Health
Secretary to tackle the issues and investigate the concerns in the hospital's management. This letter was
not intended to serve as a formal Complaint. They request that this Court set aside the issue on forum
shopping and that the case be resolved on its merits.49

On January 14, 2014, respondent filed her Comment50 and prayed for the dismissal of the petition. She
argues that the procedural infirmities of petitioners’ appeal are fatal to their case.51

On February 27, 2014, petitioners filed their Reply.52 They reiterated their request for the relaxation of
procedural rules and the resolution of the case based on its merits. They also disclosed that Civil Service
Commission Chairman Duque, who signed the October 17, 2011 Decision, was formerly the Department
of Health Secretary who seconded respondent as Bataan General Hospital's Officer-in-Charge. Lastly,
petitioners added that their letter to the Department of Health was not a Complaint since it was not
assigned a case number.53

The sole issue for this Court's resolution is whether or not the Court of Appeals erred in dismissing the
petition based on procedural grounds.
I

Procedural rules are essential in the administration of justice. The importance of procedural rules in the
adjudication of disputes has been reiterated in numerous cases.54 In Santos v. Court of Appeals, et al.:55

Procedural rules are not to be disdained as mere technicalities that may be ignored at will to suit the
convenience of a party. Adjective law is important in insuring the effective enforcement of substantive
rights through the orderly and speedy administration of justice. These rules are not intended to hamper
litigants or complicate litigation but, indeed, to provide for a system under which suitors may be heard in
the correct form and manner and at the prescribed time in a peaceful confrontation before a judge
whose authority they acknowledge. The other alternative is the settlement of their conflict through the
barrel of a gun.56

Moreover, in Le Soleil Int'l. Logistics Co., Inc,. et al. v. Sanchez, et al.:57

Time and again, we have stressed that procedural rules do not exist for the convenience of the litigants;
the rules were established primarily to provide order to, and enhance the efficiency of, our judicial
system.58

In this case, the Court of Appeals pointed out four (4) procedural infirmities:

1. the dates when the assailed Decision was received and when [a Motion for Reconsideration] thereto
was filed are not indicated;

2. the attached October 17, 2011 Decision and July 17, 2012 Resolution are mere photocopies;

3. petitioner's counsel's [Mandatory Continuing Legal Education] date of compliance is not indicated; and
4. there are no proofs of competent evidence of identities.59

Technical rules serve a purpose. They are not made to discourage litigants from pursuing their case nor
are they fabricated out of thin air. Every section in the Rules of Court and every issuance of this Court
with respect to procedural rules are promulgated with the objective of a more efficient judicial system.

On the first procedural rule that petitioners allegedly failed to comply with, this Court explained the
rationale of the requisite material dates in Lapid v. Judge Laurea:60

There are three material dates that must be stated in a petition for certiorari brought under Rule 65.
First, the date when notice of the judgment or final order or resolution was received; second, the date
when a motion for new trial or for reconsideration was filed; and third, the date when notice of the
denial thereof was received ... As explicitly stated in the aforementioned Rule, failure to comply with any
of the requirements shall be sufficient ground for the dismissal of the petition.

The rationale for this strict provision of the Rules of Court is not difficult to appreciate. As stated in
Santos vs. Court of Appeals, the requirement is for purpose of determining the timeliness of the petition,
thus:

The requirement of setting forth the three (3) dates in a petition for certiorari under Rule 65 is for the
purpose of determining its timeliness. Such a petition is required to be filed not later than sixty (60) days
from notice of the judgment, order or Resolution sought to be assailed. Therefore, that the petition for
certiorari was filed forty-one (41) days from receipt of the denial of the motion for reconsideration is
hardly relevant. The Court of Appeals was not in any position to determine when this period commenced
to run and whether the motion for reconsideration itself was filed on time since the material dates were
not stated ...

Moreover, as reiterated in Mabuhay vs. NLRC, ... "As a rule, the perfection of an appeal in the manner
and within the period prescribed by law is jurisdictional and failure to perfect an appeal as required by
law renders the judgment final and executory."61 (Emphasis in the original, citations omitted)

On the second procedural rule, this Court discussed the necessity of certified true copies in
Pinakamasarap Corporation v. National Labor Relations Commission:62
There is a sound reason behind this policy and it is to ensure that the copy of the judgment or order
sought to be reviewed is a faithful reproduction of the original so that the reviewing court would have a
definitive basis in its detern1ination of whether the court, body or tribunal which rendered the assailed
judgment or order committed grave abuse of discretion.63 (Citation omitted)

On the third procedural rule, this Court clarified the importance of complying with the required MCLE
information in Intestate Estate of Jose Uy v. Atty. Maghari:64

The inclusion of information regarding compliance with (or exemption from) Mandatory Continuing Legal
Education (MCLE) seeks to ensure that legal practice is reserved only for those who have complied with
the recognized mechanism for "keep[ing] abreast with law and jurisprudence, maintain[ing] the ethics of
the profession[,] and enhanc[ing] the standards of the practice of law."65

Lastly, proofs of competent evidence of identities are required to ensure "that the allegations are true
and correct and not a product of the imagination or a matter of speculation, and that the pleading is
filed in good faith."66

II

Time and again, this Court has relaxed the observance of procedural rules to advance substantial
justice.67

In Acaylar, Jr. v. Harayo,68 the Court of Appeals denied petitioner's Petition for Review for failure to state
the date he received the assailed Decision of the Regional Trial Court and the date he filed his Motion for
Reconsideration.69 This Court held:

[F]ailure to state the material dates is not fatal to his cause of action, provided the date of his receipt,
i.e., 9 May 2006, of the RTC Resolution dated 18 April 2006 denying his Motion for Reconsideration is
duly alleged in his Petition. In the recent. case of Great Southern Maritime Services Corporation V.
Acuna, we held that "the failure to comply with the rule on a statement of material dates in the petition
may be excused since the dates are evident from the records." The more material date for purposes of
appeal to the Court of Appeals is the date of receipt of the trial court's order denying the motion for
reconsideration. The other material dates may be gleaned from the records of the case if reasonably
evident.

....

Accordingly, the parties are now given the amplest opportunity to fully ventilate their claims and
defenses brushing aside technicalities in order to truly ascertain the merits of this case. Indeed, judicial
cases do not come and go through the portals of a court of law by the mere mandate of technicalities.
Where a rigid application of the rules will result in a manifest failure or miscarriage of justice,
technicalities should be disregarded in order to resolve the case. In Aguam v. Court of Appeals, we ruled
that:

The court has [the] discretion to dismiss or not to dismiss an appellant's appeal. It is a power conferred
on the court, not a duty. The "discretion must be a sound one, to be exercised in accordance with the
tenets of justice and fair play, having in mind the circumstances obtaining in each case." Technicalities,
however, must be avoided. The law abhors technicalities that impede the cause of justice. The court's
primary duty is to render or dispense justice. "A litigation is not a game of technicalities." "Law suits,
unlike duels, are not to be won by a rapier's thrust. Technicality, when it deserts its proper office as an
aid to justice and becomes its great hindrance and chief enemy, deserves scant consideration from
courts." Litigation$ must be decided on their merits and not on technicality. Every party litigant must be
afforded the amplest opportunity for the proper and just determination of his cause, free from the
unacceptable plea of technicalities. Thus, dismissal of appeals purely on technical grounds is frowned
upon where the policy of the court is to encourage hearings of appeals on their merits and the rules of
procedure ought not to be applied in a very rigid, technical sense; rules of procedure are used only to
help secure, not override substantial justice. It is a far better and more prudent course of action for the
court to excuse a technical lapse and afford the parties a review of the case on appeal to attain the ends
of justice rather than dispose of the case on technicality and cause a grave injustice to the parties, giving
a false impression of speedy disposal of cases while actually resulting in more delay, if not a miscarriage
of justice.70 (Citations omitted)

In Barroga v. Data Center College of the Philippines, et al.,71 petitioner likewise failed to state in his
Petition for Certiorari before the Court of Appeals the date he received the assailed Decision of the
National Labor Relations Commission and the date he filed his Partial Motion for Reconsideration.72 This
Court held that "this omission is not at all fatal because these material dates are reflected in petitioner's
Partial Motion for Reconsideration[.]"73 This Court, citing Acaylar, further held:
In Acaylar, .Jr. v. Harayo, we held that failure to state these two dates in the petition may be excused if
the same are evident from the records of the case. It was further ruled by this Court that the more
important material date which must be duly alleged in the petition is the date of receipt of the resolution
of denial of the motion for reconsideration. In the case at bar, petitioner has duly complied with this
rule.

....

The Court has time and again upheld the theory that the rules of procedure are designed to secure and
not to override substantial justice. These are mere tools to expedite the decision or resolution of cases,
hence, their strict and rigid application which would result in technicalities that tend to frustrate rather
than promote substantial justice must be avoided. The CA thus should not have outrightly dismissed
petitioner's petition based on these procedural lapses.74 (Citations omitted)

In Paras v. Judge Baldado,75 the Court of Appeals dismissed petitioners' Petition for Certiorari on purely
procedural grounds. It found that petitioners failed to attach the required certified true copy of the
assailed Regional Trial Court Order in their petition.76 This Court set aside the resolutions of the Court of
Appeals and held:

[T]he records reveal that duplicate original copies of the said RTC orders were in fact attached to one of
the seven copies of the petition filed with the Court of Appeals; moreover, copies of the same orders,
this time accomplished by the clerk of court, were submitted by petitioners in their motion for
reconsideration. Thus, the Court finds that there was substantial compliance with the requirement and
the Court of Appeals should have given the petition due course.

"Cases should be determined on the merits, after full opportunity to all parties for ventilation of their
causes and defenses, rather than on technicality or some procedural imperfections. In that way, the ends
of justice would be served better."77 (Citations omitted)

In Durban Apartments Corporation v. Catacutan,78 petitioner also failed to attach certified true copies of
the assailed decisions of the Labor Arbiter and of the National Labor Relations Commission in their
petition before the Court of Appeals. The Court of Appeals dismissed the petition on procedural grounds;
but this Court, upon review, decided the case on its merits.79 This Court held:

[I]n the exercise of its equity jurisdiction, the Court may disregard procedural lapses so that a case may
be resolved on its merits. Rules of procedure should promote, not defeat, substantial justice. Hence, the
Court may opt to apply the Rules liberally to resolve substantial issues raised by the parties.

It is well to remember that this Court, in not a few cases, has consistently held that cases shall be
determined on the merits, after full opportw1ity to all parties for ventilation of their causes and defense,
rather than on technicality or some procedural imperfections. In so doing, the ends of justice would be
better served. The dismissal of cases purely on technical groW1ds is frowned upon and the rules of
procedure ought not to be applied in a very rigid, technical sense, for they are adopted to help secure,
not override, substantial justice, and thereby defeat their very ends. Indeed, rules of procedure are mere
tools designed to expedite the resolution of cases and other matters pending in court. A strict and rigid
application of the rules that would result in technicalities that tend to frustrate rather than promote
justice must be avoided.80 (Citations omitted)

In Manila Electric Company v. Gala,81 respondent sought for the denial of petitioner's Petition for
Review on Certiorari before this Court for allegedly violating procedural rules, Among the grounds that
respondent relied upon was the failure of petitioner's counsels to state in the petition their updated
MCLE certificate numbers.82 This Court brushed aside the technical infirmity and held:

We stress at this point that it is the spirit and intention of labor legislation that the NLRC and the labor
arbiters shall use every reasonable means to ascertain the facts in each case speedily and objectively,
without regard to technicalities of law or procedure, provided due process is duly observed. In keeping
with this policy and in the interest of substantial justice, we deem it p. roper to g.ive due course to the
petition, especially in view of the conflict between the findings of the labor arbiter, on the one hand, and
the NLRC and the CA, on the other. As we said in S.S. Ventures International, Inc. v. S.S. Ventures Labor
Union, "the application of technical rules of procedure in labor cases may be relaxed to serve the
demands of substantial justice."83 (Citations omitted)

In Doble, Jr. v. ABB, Inc.,84 this Court held that the Court of Appeals erred when it dismissed the Petition
for Certiorari due to the failure of petitioner's counsel to provide information regarding his MCLE
compliance.85 Citing People v. Arrojado,86 this Court held:
On point is People v. Arrojado where it was held that the failure of a lawyer to indicate in his or her
pleadings the number and date of issue of his or her MCLE Certificate of Compliance will no longer result
in the dismissal of the case:

In any event, to avoid inordinate delays in the disposition of cases brought about by a counsel's failure to
indicate in his or her pleadings the number and date of issue of his or her MCLE Certificate of
Compliance, this Court issued an En Banc Resolution, dated January 14, 2014 which amended B.M. No.
1922 by repealing the phrase "Failure to disclose the required information would cause the dismissal of
the case and the expunction of the pleadings from the records" and replacing it with "Failure to disclose
the required information would subject the counsel to appropriate penalty and disciplinary action."
Thus, under the amendatory Resolution, the failure of a lawyer to indicate in his or her pleadings the
number and date of issue of his or her MCLE Certificate of Compliance will no longer result in the
dismissal of the case and expunction of the pleadings .from the records. Nonetheless, such failure will
subject the lawyer to the prescribed fine and/or disciplinary action.

Granted that the Petition for Certiorari was filed before the CA on October 29, 2013 even before the
effectivity of En Banc Resolution dated January 14, 2014 which amended B.M. No. 1922, it bears to
stress that petitioner's counsel later submitted Receipts of Attendance in the MCLE Lecture Series for his
MCLE Compliance IV on March 3, 2014 and the Certificate of Compliance albeit on January 26, 2015.
Hence, the CA erred in issuing the assailed November 28, 2014 Resolution denying Doble's motion for
reconsideration, there being no more reason not to reinstate the petition for certiorari based on
procedural defects which have already been corrected. Needless to state, liberal construction of
procedural rules is the norm to effect substantial justice, and litigations should, as much as possible, be
decided on the merits and not on technicalities.87 (Emphasis in the original, citations omitted)

In Heirs of Amada Zaulda v. Zaulda,88 one (1) of the grounds cited by the Court of Appeals to support its
dismissal of the Petition for Review was petitioners' failure to provide competent evidence of identities
on the Verification and Certification against Forum Shopping.89 On this point, this Court held:

As regards the competent identity of the affiant in the Verification and Certification, records show that
he proved his identity before the notary public through the presentation of his Office of the Senior
Citizen (OSCA) identification card. Rule II, Sec. 12 of the 2004 Rules on Notarial Practice requires a party
to the instrument to present competent evidence of identity. Sec. 12, as amended, provides:
Sec. 12. Competent Evide1we of Identity. - The phrase "competent evidence of identity" refers to the
identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, driver's license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter's ID,
Barangay certification, Government Service Insurance System (GSIS) e-card, Social Security System (SSS)
card, PhilHealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID,
seaman's book, alien certificate of registration/immigrant certificate of registration, government office
ID, certificate from the National Council for the Welfare of Disabled Persons (NCWDP), Department of
Social Welfare and Development certification [as amended by A.M. No. 02-8- 13-SC dated February 19,
2008]; or

(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction
who is personally known to the notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument, document or transaction who each
personally knows the individual and shows to the notary public documentary identification.

It is clear from the foregoing provisions that a senior citizen card is one of the competent identification
cards recognized in the 2004 Rules on Notarial Practice. For said reason, there was compliance with the
requirement. Contrary to the perception of the CA, attachment of a photocopy of the identification card
in the document is not required by the 2004 Rules on Notarial Practice. Even A.M. No. 02-8-13-SC,
amending Section 12 thereof, is silent on it. Thus, the CA's dismissal of the petition for lack of competent
evidence on the affiant's identity on the attached verification and certification against forum shopping
was without clear basis.

Even assuming that a photocopy of competent evidence of identity was indeed required, non-
attachment thereof would not render the petition fatally defective. It has been consistently held that
verification is merely a formal, not jurisdictional, requirement, affecting merely the form of the pleading
such that non-compliance therewith does not render the pleading fatally defective. It is simply intended
to provide an assurance that the allegations are true and correct and not a product of the imagination or
a matter of speculation, and that the pleading is filed in good faith. The court may in fact order the
correction of the pleading if verification is lacking or it may act on the pleading although it may not have
been verified, where it is made evident that strict compliance with the rules may be dispensed so that
the ends of justice may be served...
....

Again, granting arguendo that there was non-compliance with the verification requirement, the rule is
that courts should not be so strict about procedural lapses which do not really impair the proper
administration of justice. After all, the higher objective of procedural rule is to ensure that the
substantive rights of the parties are protected. Litigations should, as much as possible, be decided on the
merits and not on technicalities. Every party-litigant must be afforded ample opportunity for the proper
and just determination of his case, free from the unacceptable plea of technicalities.

In Coca-Cola Botilers v. De la Cruz, where the verification was marred only by a glitch in the evidence of
the identity of the affiant, the Court was of the considered view that, in the interest of justice, the minor
defect can be overlooked and should not defeat the petition.

The reduction in the number of pending cases is laudable, but if it would be attained by precipitate, if
not preposterous, application of technicalities, justice would not be served. The law abhors technicalities
that impede the cause of justice. The court's primary duty is to render or dispense justice. "It is a more
prudent course of action for the court to excuse a technical lapse and afford the parties a review of the
case on appeal rather than dispose of the case on technicality and cause a grave injustice to the parties,
giving a false impression of speedy disposal of cases while actually resulting in more delay, if not
miscarriage of justice.''

What should guide judicial action is the principle that a party-litigant should be given the fullest
opportunity to establish the merits of his complaint or defense rather than for him to lose life, liberty,
honor, or property on technicalities. The rules of procedure should be viewed as mere tools designed to
facilitate the attainment of justice. Their strict and rigid application, which would result in technicalities
that tend to frustrate rather than promote substantial justice, must always be eschewed.90 (Emphasis in
the original, citations omitted)

In Trajano v. Uniwide Sales Warehouse Club,91 respondent prayed for this Court's outright denial of the
Petition for Review due to petitioner's failure to provide competent evidence of identity in the
verification page.92 This Court brushed aside this technicality and held:

Contrary to Uniwide's claim, the records of the case show that the petition's verification page contains
Trajano's competent evidence of identity, specifically, Passport No. XX041470. Trajano's failure to furnish
Uniwide a copy of the petition containing his competent evidence of identity is a minor error that this
Court may and chooses to brush aside in the interest of substantial justice. This Court has, in proper
instances, relaxed the application of the Rules of Procedure when the party has shown substantial
compliance with it. In these cases, we have held that the rules of procedure should not be applied in a
very technical sense when it defeats the purpose for which it had been enacted, i.e., to ensure the
orderly, just and speedy dispensation of cases. We maintain this ruling in this procedural aspect of this
case.93 (Citations omitted)

Despite the number of cases wherein this Court relaxed the application of procedural rules, this Court
has repeatedly reminded litigants that:

[T]he bare invocation of "the interest of substantial justice" is not a magic wand that will automatically
compel this Court to suspend procedural rules. "Procedural rules are not to be belittled or dismissed
simply because their non-observance may have resulted in prejudice to a party's substantive rights. Like
all rules, they are required to be followed except only for the most persuasive of reasons when they may
be relaxed to relieve a litigant of an injustice not commensurate with the degree of his thoughtlessness
in not complying with the procedure prescribed." The Court reiterates that rules of procedure . . . "have
oft been held as absolutely indispensable to the prevention of needless delays and to the orderly and
speedy discharge of business.... The reason for rules of this nature is because the dispatch of business by
courts would be impossible, and intolerable delays would result, without rules governing practice. . . .
Such rules are a necessary incident to the proper, efficient and orderly discharge of judicial functions."
Indeed, in no uncertain terms, the Court held that the said rules may be relaxed only in "exceptionally
meritorious cases."94 (Citations omitted)

Circumstances that may merit the relaxation of procedural rules are enumerated in Barnes v. Hon.
Quijano Padilla,95 citing Sanchez v. Court of Appeals:96

In the Sanchez case, the Court restated the range of reasons whichmay provide justification for a court to
resist a strict adherence to procedure, enumerating the elements for an appeal to be given due course
by a suspension of 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 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 (t) the other party will not be
unjustly prejudiced thereby.97
In Republic v. Dagondon,98 the Court of Appeals dismissed petitioner's appeal for failure to timely file a
motion for reconsideration of the trial court decision.99 The Court of Appeals held that the trial court
decision "could no longer be assailed pursuant to the doctrine of finality and immutability of
judgments."100 This Court relaxed its application of the doctrine on immutability of judgment and held:

The mandatory character, however, of the rule on immutability of final judgments was not designed to
be an inflexible tool to excuse and overlook prejudicial circumstances. Hence, the doctrine must yield to
practicality, logic, fairness, and substantial justice.

....

[A] departure from the doctrine is warranted since its strict application would, in effect, circumvent and
undermine the stability of the Torrens System of land registration adopted in this jurisdiction. Relatedly,
it bears stressing that the subject matter of the instant controversy, i.e., Lot 84, is a sizeable parcel of real
property. More importantly, petitioner had adequately presented a strong and meritorious case.

Thus, in view of the aforesaid circumstances, the Court deems it apt to exercise its prerogative to
suspend procedural rules and to resolve the present controversy according to its merits.101 (Citations
omitted)

In People v. Layag,102 this Court likewise relaxed the rule on immutability of judgment due to a special
or compelling circumstance. This Court held that the death of accused-appellant is a compelling
circumstance t h at warrants a re-examination of the criminal case.103

In Philippine Bank of Communications v. Yeung,104 petitioner belatedly filed its Motion for
Reconsideration before the Court of Appeals.105 Nonetheless, this Court gave due course to the Petition
for Review and held:

[W]e find the delay of 7 days, due to the withdrawal of the petitioner's counsel during the reglementary
period of filing an MR, excusable in light of the merits of the case. Records show that the petitioner
immediately engaged the services of a new lawyer to replace its former counsel and petitioned the CA to
extend the period of filing an MR due to lack of material time to review the case. There is no showing
that the withdrawal of its counsel was a contrived reason or an orchestrated act to delay the
proceedings; the failure to file an MR within the reglementary period of 15 days was also not entirely the
petitioner's fault, as it was not in control of its former counsel's acts.

Moreover, after a review of the contentions and the submissions of the parties, we agree that
suspension of the technical rules of procedure is warranted in this case in view of the CA's erroneous
application of legal principles and the substantial merits of the case. If the petition would be dismissed
on technical grounds and without due consideration of its merits, the registered owner of the prope11y
shall, in effect, be barred from taking possession, thus allowing the absurd and unfair situation where
the owner cannot exercise its right of ownership. This, the Court should not allow. In order to prevent
the resulting inequity that might arise from the outright denial of this recourse - that is, the virtual
affirmance of the writ's denial to the detriment of the petitioner's right of ownership - we give due
course to this petition despite the late filing of the petitioner's MR before the CA.106 (Emphasis in the
original)

In Development Bank of the Philippines v. Court of Appeals,107 petitioner failed to file its appellant's
brief within the extended period granted by the Court of Appeals. Thus, the Court of Appeals dismissed
petitioner's appeal.108 This Court reversed the dismissal and held:

Similarly, the case at bar is impressed with public interest. If petitioner's appeal is denied due course, a
government institution could lose a great deal of money over a mere technicality. Obviously, such an
appeal is far from being merely frivolous or dilatory.

....

Time and again, this Court has reiterated the doctrine that the rules of procedure are mere tools
intended to facilitate the attainment of justice, rather thm1 frustrate it. A strict and rigid application of
the rules must always be eschewed when it would subvert the rules' primary objective of enhancing fair
trials and expediting justice. Technicalities should never be used to defeat the substantive rights of the
other party. Every party-litigant must be afforded the amplest opportunity for the proper and just
determination of his cause, free from the constraints of technicalities.109 (Citations omitted)

In Parañaque Kings Enterprises, Inc. v. Court of Appeals,110 respondents prayed for the denial of the
petition on the ground that petitioner failed to file 12 copies of its brief, in violation of Rule 45, Section 2
of the Rules of Court.111 This Court dismissed the technical defect and held:
We have ruled that when non-compliance with the Rules was not intended for delay or did not result in
prejudice to the adverse party, dismissal of appeal on mere technicalities - in i:ases where appeal is a
matter of right - may be stayed, in the exercise of the court's equity jurisdiction. It does not appear that
respondents were unduly prejudiced by petitioner's nonfeasance. Neither has it been shown that such
failure was intentional.112 (Citation omitted)

III

Due to compelling circumstances in this case, this Court opts for a liberal application of procedural rules.
First, Department Personnel Order No. 2008-1452,113 which designated respondent as Officer-in-Charge
of Bataan General Hospital, Was signed by then Department of Health Secretary Duque. Duque was also
tl1e signatory in the 2008 Memorandum of Agreement,114 the undated Supplemental Memorandum of
Agreement,115 and the June 16, 2009 Memornnduh1 of Agreement,116 which were the bases of
respondent's secondment. Duque was later appointed as Civil Service Commission Chairman and signed
the October 17, 2011 Decision and the July 17, 2012 Resolution of the Civil. Service Commission,
dismissing the complaint against respondent. Clearly, a conflict of interest existed when the public officer
authorizing the secondment of respondent was also the same person dismissing the complaint
questioning respondent's secondment.

Second, resolving the merits of the case would "give more efficacy to the constitutional mandate on the
accountability of public officers and employees[.]"117 In Executive Judge Paredes v. Moreno,118 this
Court found respondent "guilty of conduct prejudicial to the best interest of the service"119 for his
continued absence of almost three (3) months.120 This Court held:

His misconduct is prejudicial to the service. Although a mere employee/laborer in the City Court of
Manila, respondent is as much duty-bound to serve with the highest degree of responsibility, integrity,
loyalty and efficiency as all other public officers and employees . . . We find respondent's shortcomings
to warrant a sanction to serve as deterrent not only to him but also to other court employees who shall
commit the same or any and all forms of official misconduct which undermine the people's faith in their
fitness for public service.121
Furthermore, in the interest of judicial economy, the Court of Appeals should avoid dismissal of cases
based merely on technical grounds. Judicial economy requires the prosecution of cases "with the least
cost to the parties"122 and to the courts' time, effort, and resources.123

IV

On a final note, this Court clarifies the concept of forum shopping.

Forum shopping is generally judicial. It exists:

[W]henever a party "repetitively avail[s] of several judicial remedies in different courts, simultaneously
or successively, all substantially founded on the same transactions and the same essential facts and
circumstances, and all raising substantially the same issues either pending in, or already resolved
adversely by, some other court." It has also been defined as "an act of a party against whom an adverse
judgment has been rendered in one forum of seeking and possibly getting a favorable opinion in another
forum, other than by appeal or the special civil action of certiorari, or the institution of two or more
actions or proceedings grounded on the same cause on the supposition that one or the other court
would make a favorable disposition." Considered a pernicious evil, it adversely affects the efficient
administration of justice since it clogs the court dockets, unduly burdens the financial and human
resources of the judiciary, and trifles with and mocks judicial processes.124 (Citations omitted)

The test to determine whether or not forum shopping was committed was explained in Dy, et al. v. Yu, et
al.:125

To determine whether a party violated the rule against forum Shopping, the most important factor to ask
is whether the element of litis pendentia is present, or whether a final judgment in one case will amount
to res judicata in another. Otherwise stated, the test for determining forum shopping is whether in the
two (or more) cases pending, there is identity of parties, rights or causes of action, and reliefs sought. If a
situation of litis pendentia or res judicata arises by virtue of a party's commencement of a judicial
remedy identical to one which already exists (either pending or already resolved), then a forum shopping
infraction is committed.126 (Emphasis in the original, citation omitted)
In Ligtas v. People,127 this Court reiterated that res judicata may also be applied to "decisions rendered
by agencies in judicial or quasi-judicial proceedings and not to purely administrative proceedings[.]"128
In Salazar v. De Leon,129 this Court further held:

Res judicata is a concept applied in the review of lower court decisions in accordance with the hierarchy
of courts. But jurisprudence has also recognized the rule of administrative res judicata: "The rule which
forbids the reopening of a matter once judicially determined by competent authority applies as well to
the judicial and quasi-judicial facts of public, executive or administrative officers and boards acting within
their jurisdiction as to the judgments of courts having general judicial powers ... It has been declared
that whenever final adjudication of persons invested with power to decide on the property and rights of
the citizen is examinable by the Supreme Court, upon a writ of error or a certiorari, such final
adjudication may be pleaded as res judicata." To be sure, early jurisprudence was already mindful that
the doctrine of res judicata cannot be said to apply exclusively to decisions rendered by what are usually
understood as courts without unreasonably circumscribing the scope thereof; and that the more
equitable attitude is to allow extension of the defense to decisions of bodies upon whom judicial powers
have been conferred.130 (Citations omitted)

Thus, forum shopping, in the concept of res judicata, is applicable to judgments or decisions of
administrative agencies performing judicial or quasi-judicial functions.

WHEREFORE, the Petition is GRANTED. The Resolutions dated January 22, 2013 and July 16, 2013 of the
Court of Appeals in CA-GR. SP No. 127252 are REVERSED and SET ASIDE. The case is hereby REMANDED
to the Court of Appeals for a resolution on the merits of the case.

SO ORDERED.

MARVIC M.V.F. LEONEN

Associate Justice

WE CONCUR:

On official leave
PRESBITERO J. VELASCO, JR.*

Associate Justice

LUCAS P. BERSAMIN**

Associate Justice

Acting Chairperson SAMUEL R. MARTIRES

Associate Justice

ALEXANDER G. GESMUNDO

Associate Justice

ATTESTATION

I attest that the conclusions in the above Decisionhad been reached in consultation before the case was
assigned to the writer of the opinion of the Court’s Division.

LUCAS P. BERSAMIN

Associate Justice

Acting Chairperson, Third Division

CERTIFICATION

Pursuant to the Section 13, Article VIII of the Constitution and the Division Acting Chairperson’s
Attestation, I certify that the conclusions in the above Decision had been reached in consultation before
the case was assigned to the writer of the opinion of the Court’s Division.

MARIA LOURDES P.A. SERENO

Chief Justice
Footnotes

*On official leave.

** Designated Acting Chairperson per S.O. No. 2514 dated November 8, 2017.

1 Rollo, pp. 8-38.

2 Id. at 39. The Resolution was witnessed by Associate Justices Rebecca De Guia-Salvador, Apolinario D.
Bruselas, Jr., and Samuel H. Gaerlan of the Third Division, Court of Appeals, Manila.

3 Id. at 40. The Resolution was witnessed by Associate Justices Rebecca De Guia-Salvador, Apolinario D.
Bruselas, Jr., and Samuel H. Gaerlan of the Third Division, Court of Appeals, Manila.

4 Id. at 173-186. The Decision was penned by Commissioner Mary Ann Z. Fernandez-Mendoza and
signed by Chairman Francisco T. Duque Ill. Commissioner Rasol L. Mitmug was on leave.

5 Id. at 188-191. The Resolution was penned by Commissioner Mary Ann Z. Fernandez-Mendoza and
signed by Chairman Francisco T. Duque III.

6 Id. at 35, Petition for Review.

7 Id. at 186, Civil Service Commission Decision.

8 Id. at 39, Court of Appeals Resolution dated January 22, 2013.

9 Id. at 58-72.

10 Id. at 71.

11 Id. at 60-61.

12 Id. at 61.

13 Id. at 61-62.

14 Id. at 62.

15 Id.

16 Id. at 62-66.

17 Id. at 63.

18 Id. at 64.

19 Id. at 63-65.

20 Id. at 65.
21 Omnibus Rules Implementing Book V of Executive Order No. 292, Rule VII, Section 9(a) provides:

SECTION 9. Secondment is a movement of an employee from one department or agency to another

which is temporary in nature and which may or may not require the issuance of an appointment but may
either involve reduction of' increase in compensation.

Secondment shall be governed by the following general guidelines:

(a) Secondment for a period exceeding one year shall be subject to approval by the Commission.

22 Rollo, pp. 65-66, Complaint,

23 Id. at 66.

24 Id. at 66-70.

25 Id. at 67.

26 Id. at 68.

27 Id. at 67-68.

28 Id. at 69-70.

29 Id. at 173-186.
30 Id. at 180-185.

31 Id. at 185.

32 Id.

33 Id.

34 Id.

35 Id.

36 Id. at 186.

37 Id.

38 Id.

39 Id. at 189-190, Civil Service Commission Resolution.

40 Id. at 188-191.

41 Id. at 190.

42 Id. at 39.
43 Id.

44 Id. at 40.

45 Id. at 8-38.

46 Id. at 35.

47 Id. at 27-29.

48 Id. at 29-30.

49 Id. at 30-35.

50 Id. at 204-213.

51 Id. at 206-209.

52 Id. at 214-220.

53 Id. At 216-218.

54 See Lazaro v. Court of Appeals, 386 Phil. 412, 417-418 (2000) [Per J. Panganiban, Third Division],
Samala v. Court of Appeals, 416 Phil. I, 7 (2001) [Per J. Pardo, First Division], Norris v. Hon. Parentela, Jr.,
446 Phil. 462, 472 (2003) [Per J. Quisumbing, Second Division], and National Power Corporation v.
Southern Philippines Power Corporation, G.R. No. 219627, July 4, 2016, 795 SCRA 540, 551 [Per J.
Leonen, Second Division].

55 275 Phil. 894 (1991) [Per J. Cruz, First Division].

56 Id. at 898.

57 769 Phil. 466 (2015) [Per J. Perez, First Division].

58 Id. at 473.

59 Rollo, p. 39, Court of Appeals Decision.

60 439 Phil. 887 (2002) [Per J. Quisumbing, Second Division].

61 Id. at 895-896.

62 534 Phil. 222 (2006) [Per J. Austria-Martinez, First Division].

63 Id. at 230.

64 768 Phil. 10 (2015) [Per J. Leonen. En Banc].

65 Id. at 25, citing Bar Matter No. 850 (200 I), Rule I, sec. 1.

66 Heirs of Amada Zaulda v. Zaulda, 729 Phil. 639, 650 (2014) [Per J. Mendoza, Third Division].
67 City of Dagupan v. Maramba, 738 Phil. 71, 87-89 (2014) [Per J. Leonen, Third Division], citing Sy v.
Local Government of Quezon City, 710 Phil. 549, 557-558 (2013) [Per J. Perlas-Bernabe, Second Division],
United Airlines v. Uy, 376 Phil. 688, 697 (1999) [Per J. Bellosillo, Second Division], and Samala v. Court of
Appeals, 416 Phil. l, 7 (2001) [Per J. Pardo, First Division]. See also National Power Corporation v.
Southern Philippines Power Corporation, G.R. No. 219627, July 4, 2016, 795 SCRA 540, 551 [Per J.
Leonen, Second Division], citing Raga/anon v. Court of Appeals, 166 Phil. 699, 702 (1977) [Per J. Martin,
First Division].

68 582 Phil. 600 (2008) [Per J. Chico-Nazario, Third Division].

69 Id. at 610.

70 Id. at 612--613.

71 667 Phil. 808 (2011) [Per J. Del Castillo, First Division].

72 Id. at 815 and 817.

73 Id. at 817.

74 Id. at 817-818.

75 406 Phil. 589 (2001) [Per J. Gonzaga-Reyes. Third Division].

76 Id. at 592-593.

77 Id. at 596.
78 514 Phil. 187 (2005) [Per J. Ynares-Santiago, First Division].

79 Id. at 194.

80 Id. at 195.

81 683 Phil. 356 (2012) [Per J. Brion, Second Division].

82 Id. at 364.

83 Id. at 364.

84 GR No. 215627, June 5, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.htm l?file=/j

urisprudence/2017/june2017 /215627 .pdf> [Per J. Peralta, Second Division].

85 Id. at 12.

86 772 Phil. 440, 448-449 (2015) [Per J. Peralta, Third Division].

87 Doble, Jr. v. ABB, Inc., GR. No. 215627, June 5, 2017 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?
tile=/jurisprudence/2017/june2017 /215627.pdf> 12-13 [Per J. Peralta, Second Division].

88 729 Phil. 639 (2014) [Per J. Mendoza, Third Division].

89 Id. at 641-642.
90 Id. at 649-652.

91 736 Phil. 264 (2014) [Per J. Brion, Second Division].

92 Id. at 272.

93 Id. at 273-274.

94 Lazaro v. Court of Appeals, 386 Phil. 412, 417-418 (2000) [Per J, Panganiban, Third Division]. See also
Valderrama v. People, G.R. No. 220054, March 27, 2017 [Per J. Leonen, Second Division].

95 500 Phil. 303 (2005) [Per J, Austria-Martinez, Second Division].

96 452 Phil. 665 (2003) [Per J. Bollosillo, En Banc].

97 Barnes v. Hon. Quijano Padilla, 500 Phil. 303, 31l (2005) (Per J. Austria-Martinez, Second Division],
citing Sanchez v. Court of Appeals, 452 Phil. 665, 674 (2003) [Per J. Bellosillo, En Banc].

98 G.R. No. 210540, April 19, 2016, 790 SCRA 414 [Per J. Perla-Bernabe, First Division].

99 Id. at 4l9.

100 Id.

101 Id. at 420-421.

102 G.R. No, 214875, October 17, 2016 <http://sc.judkiary.gov.ph/pdfi'web/vicwer.html?
file=/jurisprudence/20 l 6/october20l6/214875 .pdf> [Per J. Perlas-Bernabe, First Division].

103 Id. at 3.

104 722 Phil. 710 (2013) [Per J. Brion, Second Division].

105 Id. at 718.

106 Id. at 722-723.

107 411 Phil.121 (200l)[Per J. Gonzaga-Reyes, Third Division].

108 Id. at 131.

109 Id. at 136-138.

110 335 Phil. 1184 (1997) [Per J. Panganiban, Third Division].

111 Id. at l193-1194.

112 Id. at 1194.

113 Rollo, p. 44.

114 Id. At 41-43.

115 Id. at 45-46.

116 Id.at47--50.

117 Executive Judge Paredes v. Moreno, 187 Phil. 542, 546 (1980) [Per J. De Casiro, First Division].

118 187 Phil. 542 (1980) [Per J. De Casrro, First Division].

119 Id. 8t 546.

120 Id. at 545.

121 Id. at 545-546.

122 E.I. Dupont De Nemours and Co. v. Francisco, G.R. No. 174379, August 31, 2016
<http://sc.judiciary.gov.ph/pdfi'web/v iewer.html?file>=/j urisprudence/20 l 6/august20l6/174379 .pdf>
9 (Per J. Leonen, Second Division].

123 See Bank of Commerce v. Perlas-Bernabe, 64~ PhiL.326 (2010) [Per J. Peralta, Second Division].

124 Canuto, Jr. v. National Labor Relations Commission, 412 Phil. 467, 474 (2001) (Per J. De Leon, Jr.,
Second Division].

125 763 Phil. 491 (2015) [Per J. Perlas-Bernabe, First Division].

126 Id. at 511.

127 766 Phil. 750(2015) [Per J. Leonen, Second Division].

128 Id. at 771.

129 596 Phil. 472 (2009) [Per J. Chico-Nazario, Third Division].

130 Id. at 489.

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