Facts:

• Nicolas Galdo is the petitioner; Rosario B. Roa is the private respondent.
• Eulalio D. Rosete is the presiding judge of the Court of First Instance of Misamis Oriental, Branch IX.
• On March 19, 1977, the respondent judge issued a decision in Civil Case No. 5105, received by Galdo on March 23, 1977.
• Galdo filed a notice of appeal and deposited the cash appeal bond on April 15, 1977.
• He requested an extension to submit his typewritten record on appeal until May 5, 1977, within the 30-day period.
• Due to insufficient clerical assistance, Galdo typed the record himself, completing it on May 5, 1977.
• He provided a copy to the respondent's counsel but could not file the original with the court before it closed at 5 PM.
• The original was filed the next morning, May 6, 1977.
• A hearing for the approval of the record on appeal was set for May 20, 1977, but was postponed due to a motion for contempt.
• On August 3, 1977, the judge ordered the arrest of an individual listed in the contempt citation without a hearing.
• On September 28, 1977, the judge disapproved the record on appeal for being one day late.
• The judge reiterated this decision in an order dated October 18, 1977, denying Galdo's motion for reconsideration.
• Galdo then filed a petition to nullify these orders and sought a writ of preliminary injunction.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled in favor of Nicolas Galdo.
• The orders dated September 28, 1977, and October 18, 1977, were declared null and void.
• The Court directed the respondent judge to transmit the record on a...(Unlock)

Ratio:

• The Court emphasized a liberal interpretation of procedural rules to avoid hindering justice.
• It noted that Galdo substantially complied with the requirements for perfecting an appeal.
• The one-day delay in filing the record was not intended to delay or prejudice the private respondent.
• Galdo made earnest efforts to comply, and the dela...continue reading