De Guia vs.

De Guia

Petitioners De Guia filed a complaint for partition against herein respondents.

Notices were sent via registered mail to parties and their counsel. Defendants failed to
attend the proceedings, which caused for them to be declared in default.
Respondents filed an MR alleging that the notice was not properly served.
CA ruled in their favor.
Petitioners allege (among others) that respondents Appeal Brief did not contain a
certificate of non-forum shopping.

ISSUE: WON the CA erred by disregarding procedural precepts by overlooking the absence of cert of
non-forum shopping in the appeal brief.

RULING: NO. Substantial justice behooves us to agree with the disquisition of the appellate
court. We do not condone the shortcomings of respondents counsel, but we simply cannot ignore
the merits of their claim. Indeed, it has been held that [i]t is within the inherent power of the Court
to suspend its own rules in a particular case in order to do justice.