RULE 38

PETITION FOR RELIEF FROM

JUDGMENTS, ORDERS,
OR OTHER PROCEEDINGS
NATURE OF PETITION
 Legal remedy whereby a party seeks to set aside a
judgment rendered against him by a court whenever
he was unjustly deprived of a hearing or was
prevented from taking an appeal because of fraud,
accident, mistake or excusable neglect
 PETITION FOR RELIEF
FROM JUDGMENT
 An equitable remedy that is allowed only in
exceptional cases when there is no other available or
adequate remedy

Appeal from an Was not prevented

by FAME from filing A party who filed a
Motion for new trial adverse decision of motion for new trial
the trial court such motion or
taking such appeal but was denied

PETITION FOR RELIEF

 SECTION 1
PETITION FOR RELIEF FROM JUDGMENT ,
ORDER OR OTHER PROCEEDINGS
fraud
ANY OTHER
JUDGMENT /
PROCEEDING IS accident
FINAL ORDER OR TAKEN AGAINST
IS ENTERED mistake
A PARTY IN ANY
excusable
COURT negligence

(FAME)

May file a petition

and pray that the
judgment, order or
SET ASIDE
proceeding
 SECTION 2
PETITION FOR RELIEF FROM DENIAL OF APPEAL

fraud
A PARTY HAS
JUDGMENT /
BEEN accident
FINAL ORDER & PREVENTED
IS RENDERED mistake
FROM TAKING
excusable
AN APPEAL negligence

(FAME)

May file a petition

and pray that the
APPEAL DUE COURSE
 SECTION 3
TIME FOR FILING PETITION; CONTENTS &
VERIFICATION
Within 60 days Judgment, final order,
from learning
other proceedings

Not more than Judgment & final order was entered

6 months Proceeding was taken
Section 1 & 2

Affidavits showing FAME & the facts

accompanied
constituting the petitioner’s good and
substantial cause of action or defense
 SECTION 4
ORDER TO FILE AN ACTION
issue an ORDER
FORM &
requiring the
sufficient
SUBSTANCE adverse parties
to answer
within 15 days
from receipt

Served in such as manner as the

court may direct, with the copies
of the petition and the affidavits
 SECTION 5
PRELIMINARY INJUNCTION PENDING
PROCEEDINGS
 The court may grant preliminary injunction…
Petitioner files a bond in favor of the adverse party
If dismissed or fails on the trial
Pay the adverse party all damages and cost

INJUNCTION
Will not discharge or extinguish any lien which the
adverse party may have acquired upon the property
of the petitioner
 SECTION 6
PROCEEDINGS AFTER ACTION IS FILED
FILING OF THE ANSWER OR THE EXPIRATION OF THE PERIOD

ALLEGATIONS

COURT SHALL NOT TRUE Dismissed

HEAR THE
PETITION TRUE Judgment, final order, or
other proceeding shall be
set aside

AS IF THE JUDGMENT, FINAL ORDER OR OTHER PROCEEDING

HAD NEVER BEEN RENDERED, ISSUED OR TAKEN

COURT WILL PROCEED TO HEAR AND DETERMINE THE CASE AS

IF A TIMELY MOTION FOR A NEW TRIAL OR RECONSIDERATION
HAD BEEN GRANTED BY IT
 SECTION 7
PROCEDURE WHERE THE DENIAL OF APPEAL IS
SET ASIDE

LOWER COURT

REQUIRED TO GIVE DUE ELEVATE THE RECORD OF

COURSE TO THE APPEAL THE APPEALED CASE AS IF A
TIMELY AND PROPER APPEAL
HAD BEEN MADE
QUESTION:
CAN PETITIONER AVAIL OF A
PETITION FOR RELIEF FROM
JUDGMENT FROM RESOLUTIION
OF THE SUPREME COURT
DENYING HIS PETITION FOR
REVIEW?
ANSWER:
(Purcon vs. MRM Philippiners, Inc., GR 182718, September 26, 2008)

 NO. A petition for relief from judgment is not

an available remedy in the Supreme Court.
 Rule38 Section 1 must be interpreted in
harmony with Rule 56 Section 1.
Section 1. Original cases cognizable. – Only petitions for certiorari,
prohibition, mandamus, quo warranto, habeas corpus, disciplinary
proceedings against members of the judiciary and attorneys, and cases
affecting ambassadors, other public ministers and consuls may be filed
originally in the Supreme Court.

A petition for relief from judgment is not

included in the list.
ANSWER:
 While Rule 38 uses the phrase “any court”, it
refers only to MTC and RTC.
 Same court shall hear the petition for relief.

A petition for relief from judgment is not an

available remedy in CA and SC. There is no
provision in the Rules of Court making such
petition applicable in the CA, with more
reason that said remedy cannot be availed of
in the SC.