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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURTS IN CITIES


11TH JUDICIAL REGION, BRANCH 2
DAVAO CITY
DAVAO CENTURY FINANCING
2008
CORPORATION, (Anda Branch),
Plaintiff-Petitioner
-versus-

CIVIL CASE NO. 21,274-C-B-

FOR: SUM OF MONEY, ETC.

CALANGI, MARIE YVONNE M.


AND CALANGI, PEDRO,
x----------------------------------x
PETITION FOR RELIEF FROM JUDGMENT
COMES NOW, petitioner through the undersigned authorized
legal representative in the above title case, unto this Honorable
Court, most respectfully states and alleges that:
1. On September 14, 2015, herein plaintiff-petitioner received
the order of the Honorable Court dated September 10, 2015
denying the plaintiffs Notice of Appeal for having been filed
out of time;
2. With the kind indulgence of the Honorable Court, the
petitioner seeks for the relief from judgment to set aside
the said order that the appeal be given due course on the
following grounds:
a. The defendant stands to be unjustly enriched by ONE
HUNDRED SEVENTY EIGHT THOUSAND AND EIGHT
HUNDRED SIXTY SIX PESOS & 39/100 (PHP 178,866.39)
representing the remaining unpaid balance of the loan
amount the defendant secured from the plaintiffpetitioner. This is exclusive of the interest charge as of
October 15, 2008. Up to the present, the defendant
borrower has not made any payment on the account;

b. The plaintiff admits with all humility that it has been


incurring court procedural lapses in the absence of a
legal guidance subsequent to the resignation of its inhouse counsel. While plaintiff keeps on searching for a
lawyers services on a permanent basis, it could hardly
find an applicant, as of this petition, who would be
willing to accept the workload of the legal department
and be engaged on a regular employment capacity;
c. The plaintiff believes that it should not be deprived with
property in the aforesaid substantial amount without
being completely heard in a court that it believes to be
the proper venue to compel payment from a borrower
who was given a loan privilege in times of her needs
but now remains uncooperative in settling her
obligation;
d. The petitioner committed a negligence when it filed for
an appeal out of time. True enough, it was borne out of
excusable neglect as the legal representative is not an
adroit in procedural law. In the attached Affidavit of
Merit denominated as ANNEX A, an explanation of the
excusable negligence is humbly presented begging for
the kindness of the court to loosen the tight rope of
technicality in a situation where the plaintiff
painstakingly still continues to find a willing applicant
for the position of in-house corporate counsel. Plaintiff
could have timely and properly filed the remedy had an
applicant-lawyer made good of her nod to serve as
corporate counsel but retracted the commitment when
she was expected to report. Attached is an affidavit
marked as ANNEX B attesting to said fact;
e. The fact that the plaintiff, through the representative,
filed a Notice of Appeal was to let the Honorable Court
be apprised of its determined and unswerving resolve
to seek a redress for its right violated by a loan
borrower. Such action was never to place any hint of

mockery on the court for the plaintiff is convinced


given the attitude of the borrower defendant of being
elusive of her obligation, the court is its only hope.
Defendant has caused so much of the difficulty in
recovering what she is supposed to return that
petitioner had to seek first the courts assistance before
obligations can be compelled.
f. The plaintiff-petitioner understands that the Honorable
Court is not oblivious of the following rulings of the
Supreme Court. With all due respect, plaintiff humbly
reminds if only to lay the solid grounds why the
petitioner is entitled to the relief prayed for, viz:
In Eladio Alonso vs. Tomas Villamor, et al
(G.R. No. L-2352, July 26, 1910), the Supreme
Court is not agreeable on technicalitys departure
from its proper office, to quote:
A litigation is not a game of technicalities xxxxx.
It is, rather, a contest in which each contending
party fully and fairly lays before the court the facts
in issue and then, brushing aside as wholly trivial
and indecisive all imperfections of form and
technicalities of procedure, asks that justice be
done upon the merit. xxxxx Technicality, when it
deserts its proper office as an aid to justice and
becomes its great hindrance and chief enemy,
deserves scant consideration from courts
(underscoring supplied).
In another case, the Supreme Court held:
Procedural technicality should not prevail over
substantive rights of a party to appeal (NEA v. CA,
126 SCRA 394, as cited in United Feature

Syndicate vs. Munsingwear Creation, G.R. No.


76193, November 9, 1989).
In another instance, the Supreme Court ruled:
It was further emphasized that we allowed the
filing of an appeal in some cases where a stringent
application of the rules would have denied it, or
when to do so would serve the demands
of substantial justice and in the exercise of our
equity jurisdiction (Serrano v. Court of Appeals,
139 SCRA 179, as cited in United Feature
Syndicate vs. Munsingwear Creation, G.R. No.
76193, November 9, 1989).
There are a string of cases with similar
accommodations to appeals not filed on time.
Petitioner sees no need to express them all in this
petition as it hopes the foregoing cases and
explanations would suffice to draw the compassion
of the court.

PRAYER
WHEREFORE, in the light of the foregoing premises,
petitioner respectfully prays to the Honorable Court that the
herein petition for relief from judgment be granted that the
order dated September 10, 2015 be set aside and permit the
appeal to take its course.
Other reliefs or remedies deemed equitable and just are
likewise prayed for.

Respectfully submitted this ____ September, 2015, Davao


City, Philippines.

JULITO ARCALAS

Republic of the Philippines)


City of Davao
) s.s.
x--------------------------------x
VERIFICATION / CERTIFICATION OF NON-FORUM SHOPPING

I, JULITO ARCALAS, Filipino, of legal age, and with office


address at 2nd Floor Davao Central Warehouse Club, Lapulapu
Corner N. Torres Sts., Agdao, Davao City, Philippines, after having
been sworn to in accordance with law do hereby depose and
state:
That I am the authorized representative of Davao Century
Financing Corp.; That I have caused the preparation of the
foregoing PETITION FOR RELIEF FROM JUDGEMENT and have read
the allegations contained therein;
That allegations in
said petition are true and correct of my own knowledge and based
on authentic records;

I hereby certify that I have not commenced any other action


or proceeding involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein;
If I should thereafter learn that a similar action or proceeding
has been filed or is pending, I herby undertake to report that fact
within five (5) days therefrom to the court or agency where the
original pleading and sworn certification contemplated herein
have been filed;
I executed this verification/certification to attest to the truth
of the foregoing facts and to comply with the provisions of Adm.
Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this _____ of __________, 2015, in the City of Davao, Philippines.

JULITO ARCALAS
______________________
Affiant/Petitioner
____ID No. ________

SUBSCRIBED AND SWORN to before me this ______ of ______,


2015 at Davao City, Philippines.
Doc No. ____
Page No. ____
Book No. ____
Series of 2015.

EXPLANATION
Copy of the petition was served by registered mail due to
time and distance constraints and for luck of the undersingeds
staff who can serve the same in person.
JULITO ARCALAS

Copy furnished thru Registered Mail:


ATTY. JOSEPH BRIAN ATENSOR
Defendant Counsel
Evangelio Law Office
Ermelyn Complex, Agton St.,
Toril, Davao City
Republic of the Philippines)
City of Davao
)s.s
x--------------------------------x
AFFIDAVIT OF MERIT
I, JULITO ARCALAS, of legal age, with office address at 2 nd
Floor DCWC, N. Torres Corner Lapulapu Street, Agdao,Davao City,
after having been sworn to in accordance with law do hereby
depose and state:
That I am the authorized legal representative of Davao
Century Financing Corporation (DCFC);
That relative to the court proceedings of Civil Case No.
21,274-C-B-2008 for SUM OF MONEY, DAMAGES, and ATTORNEYs
fees filed by Davao Century Financing Corp. against MARIE
YVONNNE CALANGI and PEDRO CALANGI, I filed on behalf of the
corporation a Notice of Appeal from the dismissal order dated
August 18, 2015 of the Municipal Trial Court in Cities (MTCC)
Branch 2, Davao City;

That such notice of appeal was made as a remedial recourse


and to apprise the Honorable Court of the DCFCs determined and
unswerving resolve to seek recovery of unpaid loan account of an
elusive loan borrower in the aforesaid civil case;
That said Notice of Appeal was dismissed by the court a quo
being filed out of time;
That the deferred Notice of Appeal was subsequent to the
filing of a motion for an extension of time to file a motion for
reconsideration; that the latter motion for an extension of time
was not previously known to the best of my knowledge as a
prohibited pleading, being a representative and not a full-fledged
lawyer with limited exposure to the legal profession;
That such excusable negligence could not have been
avoided with ordinary foresight; the technicality involved and
procedural consequences per Rules of Court require the acumen
of a lawyer allowed to practice by law;
That the filing of said notice of appeal was made out of
apprehensions of the dismissal order being wary of losing the
right to claim in a legal action; that the belated appeal can still be
given its due course in the interest of equity and justice as
supported by a string of jurisprudence;
That this affidavit of merit is executed to support the
plaintiffs petition for a relief from an adverse judgment on the
above case.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this _____ of __________, 2015, in the City of Davao, Philippines.

JULITO ARCALAS
______________________
Affiant
____ID No. ________

SUBSCRIBED AND SWORN to before me this ______ of ______,


2015 at Davao City, Philippines.
Doc No. ____
Page No. ____
Book No. ____
Series of 2015.