Facts:

• The case involves an application to set aside a judgment rendered by the Court of First Instance of Laguna on October 1, 1902.
• The application is made under Section 513 of the Code of Civil Procedure, 1901, which pertains to cases of defaults caused by fraud, accident, or mistake.
• The defendant, Celestino Almadin, filed a motion for a new trial on October 6, 1902, supported by an affidavit explaining his failure to attend the trial.
• However, this motion was filed in the Supreme Court on February 2, 1903.

Issue:

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Ruling:

• The application to set aside the judgment was filed beyond the sixty-day limit, resulting in the application being overruled.
• The petitioner, Tranquilina...(Unlock)

Ratio:

• The Court based its decision on Section 513 of the Code of Civil Procedure, which states that applications for relief from judgments by default due to fraud, accident, or mistake must be made within sixty days after the applicant first learns of the default.
• In this case, the presentation of a motion for a new trial implies knowledge of the default.
• Since the application for relief was made more than sixty days after the defendant first learned of the judgment, it was deemed untimely.
• The Court rejected the petitioner's argument that the sixty-day peri...continue reading