Petition for Relief from Judgment

Philippine Amanah Bank v. Contreras

Facts:

Contreras, through a private counsel, sued the Bank and a

couple. The RTC dismissed his Complaint. Contreras’ counsel learned
about the decision of dismissal when he received a copy of the RTC’s
decision on September 15, 1993. He filed a Petition for Relief from
Judgment. The records show that it was filed only on December 15,
1993, or ninety-one (91) days from September 15.  The RTC denied it
and the Court of Appeals affirmed it. Thus the Petition by Bank.
Issue:



Should the Petition for Relief be granted?
Ruling:
No, because under the Rules of Court, the party must observe the
double period. The Petition must be filed within sixty (60) days after
the petitioner learns of the judgment, final order, or other proceeding
to be set aside, AND within six (6) months from entry of the said
judgment;

Here, the party did not observe the double period. Contreras’
counsel learned about the judgment when he received a copy of the
RTC’s decision on September 15, 1993. However, the records show
that the Petition for Relief was filed only on December 15, 1993, or 91
days from September 15. It is thus beyond the double period.