Facts:

• The case of Daran v. Angco originated in the Court of First Instance of Isabela as a petition for relief from a judgment of the Municipal Court of Aurora, Isabela.
• The petitioner, Alfonso Daran, was declared in default in Civil Case No. 147.
• The summons and copy of the complaint were received and signed by Daran's wife on July 30, 1961.
• The decision of the Municipal Court was dated and entered on September 4, 1961.
• Daran learned of the judgment and that he was declared in default on October 16, 1961.
• However, he did not file a petition for relief until April 12, 1962, nearly six months later.

Issue:

• (Unlock)

Ruling:

• The Court affirmed the dismissal of the petition for relief and upheld the validity of the substituted s...(Unlock)

Ratio:

1. The Court held that the petition for relief was belatedly filed.

• According to Section 3, Rule 38 of the Rules of Court, a petition for relief must be filed within sixty (60) days after the petitioner learns of the judgment, order, or other proceeding to be set aside.
• In this case, the period expired on December 16, 1961, and the petition was filed on April 12, 1962, well beyond the allowed period.

2. The Court found that the service of summons was justified as there was substituted service on Daran's wife.

• Although Daran argued that there was no effort to serve summons on him personally, the Court noted that his own evidence, in the form of his wife's affidavit, showed that the municipal policeman who served the summons did not find Daran in his usual place of abode.
• The wife informed the policeman that Daran was in another location, and there was no adequate assurance that ...continue reading