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  • 4 Madarang Et Al v. Spouses Morales

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    AntonJohnVincentFrias
    301 vizualizări1 pagină
    The petitioners sued the respondents who then won their case in the RTC. The petitioners' counsel filed their notice of appeal over 150 days late, blaming their 80-year-old counsel. The RTC and CA denied the petitioner's request for relief. The Supreme Court also denies the request, as the petition was filed over 6 months after the judgment, violating the mandatory period under the rules. The court also found the excuse of counsel's age being prejudicial without evidence it caused negligence that could not be prevented through diligence.

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    4 Madarang et al v. Spouses Morales

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    The petitioners sued the respondents who then won their case in the RTC. The petitioners' counsel filed their notice of appeal over 150 days late, blaming their 80-year-old counsel. The RTC and CA denied the petitioner's request for relief. The Supreme Court also denies the request, as the petition was filed over 6 months after the judgment, violating the mandatory period under the rules. The court also found the excuse of counsel's age being prejudicial without evidence it caused negligence that could not be prevented through diligence.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    301 vizualizări1 pagină

    4 Madarang Et Al v. Spouses Morales

    Încărcat de

    AntonJohnVincentFrias
    The petitioners sued the respondents who then won their case in the RTC. The petitioners' counsel filed their notice of appeal over 150 days late, blaming their 80-year-old counsel. The RTC and CA denied the petitioner's request for relief. The Supreme Court also denies the request, as the petition was filed over 6 months after the judgment, violating the mandatory period under the rules. The court also found the excuse of counsel's age being prejudicial without evidence it caused negligence that could not be prevented through diligence.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    Petition for Relief from Judgment

    Madarang et al v. Spouses Morales

    Facts:

    The Spouses sued Madarang et al because they made misrepresentations to the


    former. The RTC decided against Madarang et al. On January 29, 2010, their counsel received
    a copy of the said decision. Their counsel filed the Notice of Appeal only on August 11, 2010,
    which was beyond the 15-day period to appeal. They blamed their 80-year old counsel for the
    late filing of the appeal. On the other hand, they later filed their Petition for Relief on
    September 24, 2010, arguing on their 80-year-old counsel’s gross negligence which is
    excusable, that he failed to file the Notice of Appeal within the reglementary period. The RTC
    denied it. The CA affirmed it. Thus their Petition.

    Issue:

    Should the Petition for Relief from Judgment be granted?

    Ruling:

    No, because under the Rules of Court and case law,the party must file it within 60 days
    from notice of the judgment and within six (6) months after the judgment or final order was
    entered; otherwise, the petition shall be dismissed outright. The double period required under
    Section 3, Rule 38 is jurisdictional and should be strictly complied with.

    Here, on January 29, 2010, Madarang et al’s counsel received a copy of the decision,
    the period to appeal shall be counted from that date. Thus, the decision became final on
    February 13, 2010, which is 15 days after January 29, 2010.

    Therefore, Madarang et al had until August 12, 2010, to file a Petition for Relief, which is
    six (6) months from February 13, 2010. However, they filed their Petition for Relief on
    September 24, 2010, which is beyond six (6) months from finality of judgment.

    Lastly, noted further that if the Petition for Relief is filed on the ground of excusable
    negligence of counsel, the party must show that their counsel’s negligence could not have
    been prevented using ordinary diligence and prudence.

    Here, the mere allegation that there is excusable negligence simply because counsel
    was 80 years old is a prejudicial slur to senior citizens. 

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