Case Digest (G.R. No. 94)
Facts:
- Jose Emeterio Guevara is the petitioner; Tuason & Co. are the respondents.
- A judgment was rendered against Guevara by the Court of Quiapo on December 13, 1898, in a forcible entry and detainer case.
- Guevara was represented by an attorney who was notified of the judgment on December 22, 1898.
- Guevara did not file an appeal, claiming the Court of Quiapo lacked jurisdiction as the property was in what is now Rizal Province, outside U.S. territory at that time.
- He argued that judicial terms were suspended by a royal decree on July 26, 1898, until the Treaty of Paris was signed on December 10, 1898.
- Guevara attributed his failure to appeal to an excusable accident due to significant changes in governance and legal orders.
- The court noted that Guevara did not allege fraud or provide sufficient evidence for his inability to appeal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Guevara's petition to appeal the judgment from the Court of Quiapo.
- The court ruled that Guevara's claims regarding jurisdiction and his fa...(Unlock)
Ratio:
- The Supreme Court stated that merely claiming a mistake about jurisdiction does not justify failing to appeal.
- For relief under Act No. 75, a party must show they were unable to appeal due to a mistake or excusable negligence.
- Guevara's belief that the court lacked jurisdiction was not a valid excuse, as he did not prov...continue reading
Case Digest (G.R. No. 94)
Facts:
The case involves Jose Emeterio Guevara as the petitioner and Tuason & Co. as the respondents. The events leading to this case began with a judgment rendered against Guevara by the Court of Quiapo on December 13, 1898, in an action for forcible entry and detainer. Guevara was represented by an attorney during the trial, who was duly notified of the judgment on December 22, 1898. Despite this, Guevara did not file an appeal against the judgment. He claimed that the Court of Quiapo lacked jurisdiction over the matter because the property in question was located in what is now the Province of Rizal, which was outside the territory occupied by the United States at that time. Guevara further argued that the judicial terms were suspended according to a royal decree issued by the Spanish colonial office on July 26, 1898, until the signing of the Treaty of Paris on December 10, 1898. He contended that his failure to appeal was due to an excusable accident stemming from the significant changes in governance and legal orders during that period. However, the court noted that Guevara did not allege any fraud that prevented him from appealing, nor did he provide sufficient evidence to support his claim of being unable to file an appeal du...