remlaw class notes for quiz1_cha mendoza

8/8/2019 RemLaw Class Notes for Quiz1_cha Mendoza

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20 |R e m e d i a l L a w C l a s s N o t e s _ P r o f . T . H e r b o s a _ C h a M e n d o z a

Capuz v. CA 233 SCRA 471Intrinsic fraud v. extrinsic fraud Libudan v. Gil 45 SCRA 17Period to file Delos Santos v. Elizalde Feb 2, 2007

Rule 38 Relief from Judgments, Orders, or Other Proceedings

*another post judgment remedy*initiatory pleading: CNFS should be attached, not filing fees (continuation of the case)*there are also petition for relief from denial of appeal

Propriety of relief from judgment Spouses Que v. CA GR 150739 Aug 18, 2005; Monzon v. Sps Relova GR 171827Sep 17, 2008

Petition for relief before the MTC - Sps Mesina v. Meer GR 146845 Jul 2, 2002H: Petition for relief not available in appellate courts

Excusable negligence - Land Bank v. Natividad 458 SCRA 441; Gomez v. Montalban GR 174414 Mar 14, 2008

-occurrences which would have been guarded against...

-LandBank: Counsel failed to attach notice of hearing...just scanned it and signed itGomez: No excusable negligence. Even if summons not served to the respondent herself, the fact that she was ableto appeal and file a motion for relief from judgment shows that they were indeed aware...

*can only file a petition for relief if you lost a relief already...

CA Redena v. CA Feb 6, 2007Who may file De La Cruz v. Quiazon GR 171961 Nov 28, 2008

Can a nonparty file? NO. Only the parties!

remlaw class notes for quiz1_cha mendoza

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