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)
