Tuesday, July 9, 2019

rules of procedure are liberally construed, the provisions on reglementary periods are strictly applied, indispensable as they are to the prevention of needless delays, and are necessary to the orderly and speedy discharge of judicial business.


In Samson v. Judge Daway,34 the Court explained that while the pendency of a petition for review is a ground for suspension of the arraignment, the aforecited provision limits the deferment of the arraignment to a period of 60 days reckoned from the filing of the petition with the reviewing office. It follows, therefore, that after the expiration of said period, the trial court is bound to arraign the accused or to deny the motion to defer arraignment.35
In Diño v. Olivarez,36 the Court held that it did not sanction an indefinite suspension of the proceedings in the trial court. Its reliance on the reviewing authority, the Justice Secretary, to decide the appeal at the soonest possible time was anchored on the rule provided under Department Memorandum Order No. 12, dated 3 July 2000, which mandates that the period for the disposition of appeals or petitions for review shall be seventy- five (75) days.37
In Heirs of Feraren v. Court of Appeals,38 the Court ruled that in a long line of decisions, it has repeatedly held that while rules of procedure are liberally construed, the provisions on reglementary periods are strictly applied, indispensable as they are to the prevention of needless delays, and are necessary to the orderly and speedy discharge of judicial business. After all, rules of procedure do not exist for the convenience of the litigants, and they are not to be trifled with lightly or overlooked by the mere expedience of invoking "substantial justice." Relaxation or suspension of procedural rules, or the exemption of a case from their operation, is warranted only by compelling reasons or when the purpose of justice requires it.39

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Finally, in order to avoid delay in the proceedings, judges are reminded that the pendency of a motion for reconsideration, motion for reinvestigation, or petition for review is not a cause for the quashal of a warrant of arrest previously issued because the quashal of a warrant of arrest may only take place upon the finding that no probable cause exists. Moreover, judges should take note of the following:
1.If there is a pending motion for reconsideration or motion for reinvestigation of the resolution of the public prosecutor, the court may suspend the proceedings upon motion by the parties. However, the court should set the arraignment of the accused and direct the public prosecutor to submit the resolution disposing of the motion on or before the period fixed by the court, which in no instance could be more than the period fixed by the court counted from the granting of the motion to suspend arraignment, otherwise the court will proceed with the arraignment as scheduled and without further delay.
2.If there is a pending petition for review before the DOJ, the court may suspend the proceedings upon motion by the parties. However, the court should set the arraignment of the accused and direct the DOJ to submit the resolution disposing of the petition on or before the period fixed by the Rules which, in no instance, could be more than sixty (60) days from the filing of the Petition for Review before the DOJ, otherwise, the court will proceed with the arraignment as scheduled and without further delay.

THIRD DIVISION
March 11, 2015
G.R. No. 176033
FELILIBETH AGUINALDO and BENJAMIN PEREZ, Petitioners,
vs.
REYNALDO P. VENTUS and JOJO B. JOSON, Respondents.

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THIRD DIVISION [ G.R. No. 235658, June 22, 2020 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED-APPELLANT.

  THIRD DIVISION [ G.R. No. 235658, June 22,  2020  ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RAUL DEL ROSARIO Y NIEBRES, ACCUSED...