Ben Line Agencies Philippines, Inc. Vs. Charles M.C. Madson and Alfredo P. Amorado


Ben Line initially failed to submit clear and legible copies of the resolutions of the OCP when it filed its petition for review before the DOJ. In its motion, Ben Line had already attached clear and legible copies of the resolutions appealed from. Under Section 6 of the 2000 NPS rules, failure to comply with the requirements of Section 5 constitutes sufficient ground to dismiss the petition.

Is it proper to dismiss the case outright on the ground of procedural lapses only?


No. In Air Philippines Corporation v. Zamora (Air Philippines), the Court elucidated that mere failure to attach legible copies does not ipso facto warrant the dismissal of a complaint or a petition.

A petition dismissed earlier, due to lack of an essential pleading or part of the case record, may still be given due course or reinstated upon showing that petitioner had later submitted the documents required, i.e., when such documents required are part of a subsequent motion for reconsideration.

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