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Tuesday, August 10, 2010

Liberal Construction; Rules of Court

REMEDIAL LAW QUESTION 1998


How shall the Rules of Court be construed?

SUGGESTED ANSWER:
The Rules of Court should be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (Sec. 6, Rule 1 1997 Rules of Civil Procedure.)

ADDITIONAL ANSWER:
However, strict observance of the rules is an imperative necessity when they are considered indispensable to the prevention of needless delays and to the orderly and speedy dispatch of Judicial business. (Alvero vs. Judge de la Rosa, 76 Phil. 428)

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