Case Digest (G.R. No. 22740)
Facts:
The case G.R. No. L-22740 involves a petition for relief filed by Cirilo Acejas against Andres C. Cruz and the Court of First Instance of Zamboanga. The petition was submitted to the Supreme Court on September 10, 1924, following a judgment in cadastral case No. 4 of the Province of Zamboanga. The controversy centered around lot No. 2750, which was awarded to the respondent, Andres C. Cruz. Cirilo Acejas contended that he had misunderstood the cadastral plans, leading him to overlook that lot No. 2750 was part of lot No. 2751, which had already been decreed in his favor in the same case. Consequently, he failed to assert his claim to lot No. 2750 during the trial. According to Section 513 of the Code of Civil Procedure, a party who is unjustly deprived of a hearing due to fraud, accident, mistake, or excusable negligence may petition the Supreme Court for relief within sixty days of learning about the judgment. In this instance, the records indicated that the lot was marked a...
Case Digest (G.R. No. 22740)
Facts:
- Cadastral Case Background: The case involves a dispute over lot No. 2750 in cadastral case No. 4 of the Province of Zamboanga.
- 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.
- Respondent's Award: The respondent, Andres C. Cruz, was awarded lot No. 2750 by the Court of First Instance of Zamboanga.
- Petitioner's Awareness: The petitioner received notice of the judgment awarding the lot to Cruz on March 19, 1924.
- Timing of Petition: The petition for relief was filed nearly four months after the petitioner learned of the judgment.
Issue:
- Whether the petitioner is entitled to relief under section 513 of the Code of Civil Procedure.
- Whether the judgment in question qualifies as a judgment by default.
- Whether the petition was filed within the prescribed period under section 513.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)