1/5/2021
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At the outset, the Court is always guided by the principle that rules shall be liberally
construed in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding.[32] Simply put, rules of
procedure should facilitate an orderly administration of justice. They should not be
strictly applied causing injury to a substantive right of a party to case. This precept has
been elucidated by the Supreme Court in De Guzman v. Sandiganbayan[33] to wit:
[T]he 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 avoided. Even the Rules of Court
envision this liberality. This power to suspend or even disregard the rules
can be so pervasive and encompassing so as to alter even that which this
Court itself has already declared to be final, as we are now compelled to do
in this case. And this is not without additional basis, x x x
There are several instances wherein the Court has relaxed procedural rules to serve
substantial justice because of any of the following reasons: (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.[34]
Nonetheless, the Court always reminds party litigants that bare invocation of "the
interest of substantial justice" is not a magic phrase that will automatically oblige the
Court to suspend procedural rules. To stress, "[procedural rules are not to be belittled
or dismissed simply because their non-observance may have prejudiced 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."[35]
The 2004 Treaty on Mutual Legal Assistance in Criminal Matters, also known as the
ASEAN Mutual Legal Assistance Treaty, was entered into by the Southeast Asian
countries namely: Brunei Darussalam, the Kingdom of Cambodia, Republic of
Indonesia, Lao People's Democratic Republic, Malaysia, the Union of Myanmar, Republic
of the Philippines, Republic of Singapore, Kingdom of Thailand, and the Socialist
Republic of Vietnam. The Treaty aims to improve the effectiveness of the law
enforcement authorities of the state parties in the prevention, investigation and
prosecution of offenses through cooperation and mutual legal assistance in criminal
matters.
Article 1, paragraph 2(a) of the Treaty states that mutual legal assistance can be
rendered by the state parties in case of taking evidence or obtaining voluntary
statements from persons, among others. The legal assistance sought by the
Requesting Party from the Requested Party is not without limitations. In fact, Article 3
of the ASEAN ML AT has laid down guidelines on limitations on assistance. In particular,
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