Petition for Relief from Judgment

Thomasites Center for International Studies (TCIS) v. Rodriguez et al

Facts:

Rodriguez et al sued the TCIS before the Labor Arbiter (LA) which ruled that there was
illegal dismissal by the latter. The TCIS’ Dean received a copy of the LA's judgment on June
21, 2006. During the pre-execution conference held on September 22, 2006, Atty. Bayona
formally entered her appearance as counsel for TCIS and Dr. Cho. TCIS's Petition for Relief
was filed on February 13, 2007. The Petition is without the requisite affidavit showing the fraud,
accident, mistake or excusable negligence, and the facts constituting its good and substantial
cause of action. The said Petition was refiled with the NLRC which denied it. The CA denied it
as well. Thus the TCIS’ Petition.

Issue:

Should the Petition for Relief from Judgment be granted?

Ruling:

No, Petition for Relief from Judgment should not be granted because it was filed
beyond the period provided under Rule 38 of the Rules of Court.

Under the Rules, the party must strictly comply with two (2) reglementary periods:

First, it must be filed within sixty (60) days from knowledge/notice of the judgment,
order or other proceeding to be set aside; and 

Second,  within six (6) months from entry of such judgment, order or other
proceeding. 

Here, TCIS’s Petition was filed only on February 13, 2007, well beyond the 60-day
period allowed—several months from possible notice of the judgment. The earliest that TCIS
could have learned of the LA's judgment was on June 21, 2006 when Dr. Cho received a copy
thereof;

The latest was during the pre-execution conference held on September 22, 2006,
when Atty. Bayona formally entered her appearance as counsel for TCIS and Dr. Cho.