1/5/2021
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must be avoided if it tends to frustrate rather than promote substantial justice. As held
in Sta. Ana v. Spouses Carpo:
Rules of procedure are merely tools designed to facilitate the attainment of
justice. If the application of the Rules would tend to frustrate rather than to
promote justice, it is always within our power to suspend the rules or except
a particular case from their operation. Law and jurisprudence grant to courts
the prerogative to relax compliance with the procedural rules, even the
most mandatory in character, mindful of the duty to reconcile the need to
put an end to litigation speedily and the parties' right to an opportunity to
be heard.
Our recent ruling in Tanenglian v. Lorenzo is instructive:
We have not been oblivious to or unmindful of the extraordinary situations
that merit liberal application of the Rules, allowing us, depending on the
circumstances, to set aside technical infirmities and give due course to the
appeal. In cases where we dispense with the technicalities, we do
not mean to undermine the force and effectivity of the periods set by
law. In those rare cases where we did not stringently apply the
procedural rules, there always existed a clear need to prevent the
commission of a grave injustice. Our judicial system and the courts
have always tried to maintain a healthy balance between the strict
enforcement of procedural laws and the guarantee that every
litigant be given the full opportunity for the just and proper
disposition of his cause. (Emphasis supplied, citations omitted )
In addition, We find that the petitioners did not sleep on their rights and simply allowed
the 60-day period from the denial of the First Motion for Reconsideration to lapse.
Rather, petitioners filed the Manifestation and Second Motion for Reconsideration with
the RTC in order to secure the necessary certification from their Foreign Adoption
Agencies and/or Embassies which would reflect that since they are not residents in
their countries and are residing in the Philippines, the said agencies could not issue the
documents required by the domestic courts in support of their Petition for Adoption.
The foregoing effort of petitioners was not meant to cause a delay on the proceeding
but to actually assist the court in the speedy disposal of the case.
Second, petitioners assert that respondent Judge erred in referring the Petition for
Adoption to the ICAB since said Petition was appropriately filed under the Domestic
Adoption Act of 1998. They claim that the Domestic Adoption Act clearly confers
jurisdiction on Family Courts to hear adoption cases filed by aliens who have been
residing in the Philippines for at least three continuous years.[28]
Petitioners point out that contrary to the pronouncement of the RTC, the instant case is
not appropriate for inter-country adoption proceedings because the Inter-Country
Adoption Act of 1995[29] applies to aliens who permanently reside abroad. However, in
the instant case, petitioners do not permanently reside in the U.S. They have been
residing in the Philippines for more than three continuous years prior to the filing of
their Petition for Adoption, as required by the Domestic Adoption Act. To support their
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65992
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