Professional Documents
Culture Documents
PAGE 26-29
A party can avail of motion for reconsideration that has been adversely affected by
a final order, resolution, or decision of the Court rendered in an adjudicative proceeding,
within fifteen (15) days from receipt of a copy thereof. In order for Reconsideration to
prosper there are following grounds; a. The damages awarded are excessive; b. The
evidence is insufficient to justify the decision; c. The decision or final order is contrary to
law.
For newly discovered evidence to prosper there are certain requisites that must be
observed and these are:
A petition for relief from judgment is an equitable remedy and is allowed only in
exceptional cases. It is not available if other remedies exist, such as a motion for new trial
or appeal.
The law has thus instituted safeguards by limiting the grounds for the annulment
to lack of jurisdiction and extrinsic fraud, and that the party should show that the ordinary
remedies of new trial, appeal, petition for relief or other appropriate remedies are no
longer available through no fault of the petitioner. A petition for annulment that ignores or
disregards any of the safeguards cannot prosper.
PROVISIONAL REMEDIES
PRELIMINARY INJUNCTION