Decision
8
G.R. No. 212607
under the 2003 DARAB Rules of Procedure, "[t]he filing of a Motion for
Reconsideration shall interrupt the period to perfect an appeal. If the motion
is denied, the aggrieved party shall have the remaining period within which
to perfect his appeal. Said period shall not be less than five (5) days in any
event, reckoned from the receipt of the notice of denial." 37
In the instant case, there is no similar provision in the 2003 NCIP
Rules of Procedure which states that in case the aggrieved party files a
motion for reconsideration from an adverse decision of the RHO, the said
party has only the remaining balance of the period within which to appeal,
reckoned from receipt of notice of the RHO's decision denying the motion
for reconsideration.
Oppositely, Section 46, Rule IX of the 2003 NCIP Rules of Procedure
clearly adopts the Fresh Period Rule, stating that, in a situation wherein a
motion for reconsideration was filed, a judgment rendered by the RHO shall
become final only when no appeal is made within fifteen ( 15) days from
receipt of the order denying such motion for reconsideration. By issuing an
Order that plainly and unmistakably goes against the above-stated rule,
the Court finds that NCIP, RHO IV gravely abused its discretion.
As a final note, the Court stresses that the dismissal of appeals purely
on technical grounds is frowned upon and procedural rules 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 aims. 38 Indeed,
while the right to appeal is merely statutory and not a natural right, the
courts, as well as administrative bodies, are nonetheless enjoined to respect
the minimum period laid down by the applicable Rules within which to
allow an appeal. All litigants, to the extent allowed by the Rules, must be
afforded the fullest opportunity for the adjudication of their cases on the
merits. 39
WHEREFORE, premises considered, the instant Petition is hereby
GRANTED. The Resolutions dated April 3, 2013 and May 20, 2014
promulgated by the Court of Appeals, Second Division and Former Second
Division in CA-G.R. SP No. 129036 are REVERSED and SET ASIDE.
Accordingly, the Order dated January 14, 2013 issued by the National
Commission on Indigenous Peoples, Regional Hearing Office IV is likewise
REVERSED and SET ASIDE. The National Commission on Indigenous
Peoples, Regional Hearing Office IV is hereby ORDERED to give due
course to petitioner Puerto Del Sol Palawan, Inc.' s Memorandum on Appeal
dated January 4, 2012.
37
2003 DARAB Rules of Procedure, Rule X, Sec. 12.
38
A-One Feeds, Inc. v. Court ofAppeals, 188 Phil. 577, 580 (1980).
Pacific life Assurance Corp. v. Sison, 359 Phil. 332, 339 ( l 998).
39
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