ORDERS,
AND
OTHER
PROCEEDINGS
Remedies after finality of judgment
(1) Petition for Relief [Rule 38]
(2) Action to Annul Judgment [Rule 47]
(3) Collateral Attack of a Judgment that is Void on its Face
C.1. NATURE
A legal remedy whereby a party seeks to set aside a judgment rendered against him by a court whenever he was unjustly deprived of a hearing or was prevented from taking an appeal because of fraud, accident, mistake, or excusable negligence (FAME). [Quelnan v.
VHF Phils, G.R. No. 138500 (2005)]
A petition for relief from judgment is an equitable remedy allowed only in exceptional cases when there is no other available or adequate remedy. When a party has another remedy available, either motion for new trial or appeal, and he was not prevented by FAME from filing such motion or taking such appeal, he cannot avail himself of this petition. [Trust International Paper Corp. v.
Pelaez, G.R. No. 164871 (2006)]
A petition for relief is not regarded with favor and judgment will not be disturbed where the party complaining has or by his exercising proper diligence would have had an adequate remedy at law, as where petitioner could have proceeded by appeal to vacate or modify the default judgment. [Manila Electric v. CA, G.R. No. 88396 (1990)]
C.2. MOTION FOR NEW TRIAL AND
PETITION FOR RELIEF
Motion for New Trial
[Rule 37] Petition for Relief [Rule 38]
Available before judgment becomes final and executory
Available after
judgment has become final and executory Applies to judgments
or final orders only
Applies to judgments, final orders and other proceedings Grounds: (1) FAME; or (2) Newly discovered evidence Ground: FAME
Filed within the time to appeal Filed: (1) within 60 days from knowledge of judgment; and (2) within 6 months from entry of judgment If denied, order of denial is not appealable; hence, remedy is appeal from judgment
If denied, order denying a petition for
relief is not
appealable; remedy is appropriate civil action under Rule 65
Legal remedy Equitable remedy
Motion need not be
verified Petition verified must be A party who has filed a timely motion for new trial or motion for reconsideration can no longer file a petition for relief from judgment after his motion has been denied. These remedies are mutually exclusive. It is only in appropriate cases where a party aggrieved by the judgment has not been able to file a motion for new trial or motion for reconsideration that a petition for relief can be filed. [Francisco v. Puno, G.R. No. L-55694 (1981)]
C.3. WHEN PROPER
The petition can be availed of when the judgment or final order has been entered or when any other proceeding is thereafter taken against the petitioner in any court through FAME. [Sec. 1, Rule 38]
Thus, it was held that a petition for relief is also applicable to a proceeding taken after entry of judgment or final order such as an order of execution [Cayetano v. Ceguerra, G.R.
No. L-18831 (1965)] or an order dismissing an appeal [Medran v. CA, G.R. No. L-1350 (1949)]
C.4. WHERE FILED
Rule 38 is not an independent action but a continuation of the old case. Hence, it is filed with the same court and same branch which decided the case.
C.5. GROUNDS [SECS. 1-2, RULE 38]
(1) When judgment or final order is enteredor any other proceeding is thereafter taken against petitioner through FAME
(2) When petitioner has been prevented from taking an appeal by FAME
NOTE: “Extrinsic fraud” is that fraud which the prevailing party caused to prevent the losing party from being heard on his action or defense. Such fraud concerns not the judgment itself but the manner in which it was obtained. [AFP Mutual Benefit Association, Inc. v. RTC-Marikina City, G.R. No.
183906 (2011)]
C.6. PERIOD FOR FILING [SEC. 3,
RULE 38]
(1) Within 60 days after petitioner learns of the judgment, final order, or other proceeding to be set aside; AND
(2) Not more than 6 months after such judgment or final order was entered, or such proceeding was taken
These two periods must concur, are not extendible and are never interrupted. Strct compliance with these periods stems from the equitable character and nature of the petition for relief. Such petition is actually the “last chance” given by law to litigants to question a final judgment or order. Failure to avail of such chance, within the grace period fixed by the Rules, is fatal. [Quelnan v. VHF
Phils, G.R. No. 138500 (2005)]
Reckoning Points
(1) The 60-day period is reckoned from the time the party acquired knowledge of the order, judgment or proceeding. Not from the date he actually read the same [Perez
v. Araneta]
(2) 6-months period is computed from the date of entry of the order or judgment
C.7. FORM OF THE PETITION
The petition must be:(1) Verified;
(2) Accompanied by an affidavit showing the FAME relied upon; and
(3) Accompanied by an affidavit of merit, showing the facts constituting the petitioner’s good and substantial cause of action or defense.
The absence of an affidavit of merits is a fatal defect and warrant denial of the petition [Fernandez v. Tan Tiong Tick, G.R. No. 15877 (1961)]
However, it is not a fatal defect so long as the facts required to be set out also appear in the verified petition [Fabar Inc. v. Rodelas, G.R. No. L-46394 (1977)]
When Affidavit of Merit is not necessary:
(1) When there is lack of jurisdiction over the defendant;
(2) When there is lack of jurisdiction over the subject matter;
(3) When judgment was taken by default;
(4) When judgment was entered by mistake or was obtained by fraud; or
(5) Other similar cases.
C.8. ORDER TO FILE ANSWER [SEC.
4, RULE 38]
An order to answer shall issue only if petition is sufficient in form and substance.
If petition is sufficient in form and in substance, the court shall issue an order requiring the adverse party to answer within 15 days from receipt thereof.
C.9. PROCEEDINGS AFTER ANSWER
IS FILED [SEC. 6, RULE 38]
After filing of answer or expiration of the period therefor, court shall hear the petition. If the court finds that the allegations are not true – Petition is dismissed.
If the court finds that allegations are true:
(1) It shall set aside the judgment, final order, or other proceeding complained of upon such terms as may be just
(2) Thereafter, case shall stand as if such had never been rendered, issued, or taken
(3) The court shall then proceed to hear and determine the case as if timely motion for new trial or reconsideration has been granted by it
C.10. REMEDY FOR DENIAL OF
PETITION FOR RELIEF
Appeal from an order denying a petition for relief is no longer available under the present rules.
The remedy against a denial of a petition for relief is certiorari under Rule 65, when proper.