Title
Acejas vs. Cruz
Case
G.R. No. 22740
Decision Date
Sep 10, 1924
Dispute over lot ownership; petitioner sought relief due to misunderstanding, but court dismissed petition as judgment wasn’t by default and filing was untimely.
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Case Digest (G.R. No. 22740)

Facts:

  1. Cadastral Case Background: The case involves a dispute over lot No. 2750 in cadastral case No. 4 of the Province of Zamboanga.
  2. Petitioner's Claim: The petitioner, Cirilo Acejas, alleged that he failed to assert his claim to lot No. 2750 during the trial due to a misunderstanding in examining the cadastral plans. He believed the lot was part of lot No. 2751, which had already been decreed in his favor.
  3. Respondent's Award: The respondent, Andres C. Cruz, was awarded lot No. 2750 by the Court of First Instance of Zamboanga.
  4. Petitioner's Awareness: The petitioner received notice of the judgment awarding the lot to Cruz on March 19, 1924.
  5. Timing of Petition: The petition for relief was filed nearly four months after the petitioner learned of the judgment.

Issue:

  1. Whether the petitioner is entitled to relief under section 513 of the Code of Civil Procedure.
  2. Whether the judgment in question qualifies as a judgment by default.
  3. Whether the petition was filed within the prescribed period under section 513.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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