Petition for Relief from Judgment

Genato Investments, Inc. v. RTC Judge Barrientos et al

Facts:

The Genato company lost its two lands to another developer

company in a public auction. The latter thus filed a Petition for
Consolidation of Ownership when the final deed of conveyance was
issued. The RTC where Judge Barrientos sits granted it. the
Corporation learned about the proceedings more than six (6) months
from entry—after the Order dated 31 August 2011 had become final
and executory on 11 October 2011.  The Court of Appeals affirmed it.
Thus the Petition by the Genato company.
Issue:



Should the Petition for Relief from Judgment be granted?
Ruling:
No, because under the Rules of Court, 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 Corporation learned about the proceedings more than

six (6) months from entry—after the Order dated 31 August 2011 had
become final and executory on 11 October 2011.