REGIDOR

BPI VS. DANDO, G.R. NO. 177457, SEPTEMBER 4, 2009 (RULE 18, SEC. 5)

In this case the Supreme Court discussed jurisprudence nevertheless allows the
relaxation of procedural rules with regard to the strict and mandatory compliance of
Rule 18, Sec. 5 of the Revised Rules of Court. Since technicalities are not ends in
themselves but exist to protect and promote substantive rights of litigants.

In Sanchez v. Court of Appeals, the Court restated the reasons that may provide
justification for a court to suspend a strict adherence to procedural rules, such as: (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 (f) the fact
that the other party will not be unjustly prejudiced thereby

This is optional if you include this dispositve portion of the case :

WHEREFORE, premises considered, the instant Petition is GRANTED. The

Decision dated 20 November 2006 and Resolution dated 4 April 2007 of the Court of
Appeals in CA-G.R. SP No. 82881 are REVERSED and SET ASIDE. The Orders
dated 13 January 2004 and 3 March 2004 in Civil Case No. 03-281, insofar as they set
aside the prior Order dated 10 October 2003 of the same trial court dismissing the
Complaint of petitioner Bank of the Philippine Islands for failure of the latter to
timely file its Pre-Trial Brief,
is REINSTATED. The Regional Trial Court of Makati City, Branch 149,
is DIRECTED to continue with the hearing of Civil Case No. 03-281 with utmost
dispatch, until its termination. No costs.