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    6 Philippine Amanah Bank v. Contreras

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    AntonJohnVincentFrias
    Contreras filed a complaint against Philippine Amanah Bank and a couple, which was dismissed by the Regional Trial Court (RTC). Contreras' counsel learned of the dismissal on September 15th but did not file a Petition for Relief from Judgment until December 15th, which was 91 days later. Both the RTC and the Court of Appeals denied the Petition because it was not filed within the required double period under the Rules of Court - within 60 days of learning of the dismissal and within 6 months of the dismissal.

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    6 Philippine Amanah Bank v. Contreras

    Uploaded by

    AntonJohnVincentFrias
    76 views1 page
    Contreras filed a complaint against Philippine Amanah Bank and a couple, which was dismissed by the Regional Trial Court (RTC). Contreras' counsel learned of the dismissal on September 15th but did not file a Petition for Relief from Judgment until December 15th, which was 91 days later. Both the RTC and the Court of Appeals denied the Petition because it was not filed within the required double period under the Rules of Court - within 60 days of learning of the dismissal and within 6 months of the dismissal.

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    Contreras filed a complaint against Philippine Amanah Bank and a couple, which was dismissed by the Regional Trial Court (RTC). Contreras' counsel learned of the dismissal on September 15th but did not file a Petition for Relief from Judgment until December 15th, which was 91 days later. Both the RTC and the Court of Appeals denied the Petition because it was not filed within the required double period under the Rules of Court - within 60 days of learning of the dismissal and within 6 months of the dismissal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    76 views1 page

    6 Philippine Amanah Bank v. Contreras

    Uploaded by

    AntonJohnVincentFrias
    Contreras filed a complaint against Philippine Amanah Bank and a couple, which was dismissed by the Regional Trial Court (RTC). Contreras' counsel learned of the dismissal on September 15th but did not file a Petition for Relief from Judgment until December 15th, which was 91 days later. Both the RTC and the Court of Appeals denied the Petition because it was not filed within the required double period under the Rules of Court - within 60 days of learning of the dismissal and within 6 months of the dismissal.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Petition for Relief from Judgment

    Philippine Amanah Bank v. Contreras

    Facts:

    Contreras, through a private counsel, sued the Bank and a


    couple. The RTC dismissed his Complaint. Contreras’ counsel learned
    about the decision of dismissal when he received a copy of the RTC’s
    decision on September 15, 1993. He filed a Petition for Relief from
    Judgment. The records show that it was filed only on December 15,
    1993, or ninety-one (91) days from September 15.  The RTC denied it
    and the Court of Appeals affirmed it. Thus the Petition by Bank.
    Issue:

    

    Should the Petition for Relief be granted?
    Ruling:
    No, because under the Rules of Court, the party must observe the
    double period. 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 party did not observe the double period. Contreras’
    counsel learned about the judgment when he received a copy of the
    RTC’s decision on September 15, 1993. However, the records show
    that the Petition for Relief was filed only on December 15, 1993, or 91
    days from September 15. It is thus beyond the double period.

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