When
a judgment or final order is rendered by any court in a case, and a party
thereto, by fraud, accident, mistake, or excusable negligence, has been prevented
from taking an appeal, he may file a petition in such court and in the same
case praying that the appeal be given due course.
· file
a Petition for Relief from Denial of Appeal
·
Grounds:
o
Fraud,
accident, mistake or excusable negligence.
·
Attach:
Affidavit of Merits executed by the petitioner showing:
o
the
fraud, accident, mistake and excusable negligence and
o
the
facts constituting his good and substantial defense or cause of action
·
Periods
(when to file):
o
within
60 days from learning of the denial of the appeal
o
Not
more than 6 months after the judgment being appealed from has been recorded in
the book of entries for judgments
o
These
two periods are not extendible and never interrupted (Quijano vs. Tameta)
o
Both
periods must be complied with (Phil.
Rabbit Bus Lines vs. Arciaga)
·
Where
to file:
o
Court
of origin (the court which issued the assailed judgment)
Hi po. I'm seeking for advice..were both single of my boyfriend/partner.
ReplyDeleteI'm 8moths pregnant. He was denying that that his not the father of my unborn baby and telling unsavory words through text at ayaw nyang humarap sa akin, his hidding. Now I'm emotionally stress. Can I file RA9262?
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ReplyDeleteHi Im married with 1 kid. 10 years kaming magkasama and 5 years kaming kasal. May kinakasama sya dati at may isang anak doon.ako ang kumupkop sa kanya nung sinasaktan at binugbog sya.....never ako nambabae until nanakit at pinaghihigpitan na ako or nasasakal na ako...umalis ako ng bahay at. Nakitira sa barkada.hanggang sa nachismis na may kabit ako..nagfile sya na ra 9262.. physical abuse daw..nagpapadala ng sulat sa luma naming bahay...di ko nasisipot lahat ...galing daw sa pasig prosecutor..at sabi nya bawal ko makita anak ko....kahit na anak ko ayaw sa kanya
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