Practice question
An appellant invokes equity to excuse procedural failures. The record shows repeated noncompliance by design and exclusion of creditors who would lose a meaningful opportunity to oppose the appeal. No exceptional equitable circumstance is shown. What is the best application of Viva Shipping Lines?
- The court may reject relaxation because the plea is unsupported and would prejudice other parties' due process.
- The court must relax every requirement because the appellant asks.
- Equity requires disregarding the creditors' interests.
- Deliberate noncompliance is always the strongest ground for relief.
- The existence of any appeal abolishes the rules.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 1, Section 6.
- https://lawphil.net/judjuris/juri2016/feb2016/gr_177382_2016.html — Viva Shipping Lines v. Keppel, G.R. 177382, February 17, 2016, main opinion, Parts II–IV.
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