But this was a proceeding in the court of agrarian relations not bound by technical rulesof procedure.
PHHC v. Tiongco
petition for relief was filed beyond the 60 day reglementary period, SCordered trial court to give it due course since original counsel of defendants deprived them of their day in court by
fishy and suspicious
Phil. Rabbit Bus Lines v. Arciaga
petition for relief was filed on 61
day and therefore correctlydenied. Special circumstances obtaining in Balite and PHHC which warranted relaxation of therule did not obtain in this case.
Perez v. Araneta
The 60 day period is reckoned from the time the party acquired knowledge of the order, judgment or proceedings and not from the date he actually read the same.
The 6 month period is computed from the date of entry of the final order or judgment.
With respect of proceedings, the date when the proceedings were taken controls.
In judgments upon compromise, being immediately executor, prescription runs from the date of its rendition, hence the 6 month period also runs therefrom.
An affidavit of merits must accompany the petition, and the petition itself must be verified.
Fernandez v. Tan Tiong Tick
As in MNT the absence of an affidavit of merits is a fataldefect and warrants denial of the petition
Fabar, Inc. v. Rodelas
unless the facts required to be set out in the affidavit of meritsalso appear in the verified petition.
Republic v. De Leon
also, like motions for new trial, such affidavits are not requiredwhen the judgment or order is void for want of jurisdiction, or was obtained by mistakeof fraud (Lupisan v. Alfonso) or with denial of due process (Valerio v. Tan).
Ayson v. Ayson
Where a writ of execution was already issued and levy was made before thepetition for relief was filed, the lien that may have been acquired over the property is notdischarged by the subsequent issuance of a writ of preliminary injunction. Thereafter, if thepetition is denied, the court has the power to reinstate the writ of execution.
Servicewide Specialists v. Sheriff of Manila
Unless a writ of preliminary injunction has beenissued, execution of the judgment shall proceed even if the order denying the petition for relief is pending on appeal. Said writ may be sought either in the trial or appellate courts.
Villanueva v. Alcoba
There are two steps or hearings in a petition for relief
A hearing to determine whether the judgment order or proceeding should be set aside
In the affirmative, a hearing on the merits of the case.