COA VS. PALER 614 SCRA
Facts: Celso M. Paler was a Supervising Legislative Staff Officer II with the Technical Support Service of the COA. Mr. Paner submitted a request for vacation leave for 74 working days then left for the U.S. without verifying whether the application for leave was approved. Comm. Chairman informed Paler that he was being dropped from the roll of employees due to his continuous 30-day absence without leave and in accordance with CSC Memorandum Circular No. 14, s. 1999. Mr. Paner moved for MR with the Comm. Chairman, was denied; on appeal, CSC reversed and set aside the Comm. Chairman's decision. (Rule 43) CA affirmed CSC resolution; hence Rule 45.
Issue/s:
1. WON Commission Secretary may file the petition and sign the verification and certification of non-forum shopping in behalf of the Commission Chairman;
2. WON appeal may prosper despite having been filed beyond the reglementary period.
Ruling:
1. Representatives, lawyers or any person who personally knew the truth of the facts alleged in the petition could sign the verification. However, as to the certification of non-forum shopping, the established rule is that it must be executed by the plaintiff or any of the principal parties and not by counsel. Lack of authority, (certification of non-forum shopping) dismissible.
2. Procedural
rules need not be strictly observed if appeal is meritorious. “it is within the
power of this Court to temper rigid rules in favor of substantial justice.
While it is desirable that the Rules of Court be faithfully and even
meticulously observed, courts should not be so strict about procedural lapses that
do not really impair the proper administration of justice. If the rules are
intended to ensure the orderly conduct of litigation, it is because of the
higher objective they seek which is the protection of substantive rights of the
parties.”
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