Case Digest (G.R. No. L-12644)
Facts:
- Koppel (Philippines) Inc. filed a case against Rustico A. Magallanes, the special administrator of the estate of Paulino Magallanes, on February 22, 1954.
- Koppel alleged that they sold agricultural machineries to Rustico Magallanes for a total sum of P14,470, with a remaining unpaid balance of P5,770.
- Koppel sought to foreclose on a chattel mortgage and a real estate mortgage that were executed as security for the payment.
- The defendant admitted some allegations but disputed the amount of the unpaid balance and raised issues of usury and the validity of the mortgages.
Issue:
- (Unlock)
Ruling:
- The court denied the defendant's petition for relief from th...(Unlock)
Ratio:
- The court based its ruling on Section 3 of Rule 38 of the Rules of Court, which states that a petition for relief from a judgment or order must be filed within sixty (60) days after the petitioner learns of the judgment or order and not more than six months after the judgment or order was entered.
- In this case, the judgment was rendered on February 24, 1955, and the petition for relief was filed on February 12, 1957, almost two years later. The court found that the petition was filed beyond the reglementary period.
- The court emphasized that the order in question was a necessary consequence of the judgment and should be maintained as long as the judgment remains in full force and effect.
- The court clarified that the four-year period within which an action for the annulment of a judgment may be brought does not apply to a petition filed in the original or main action to secure relief against the judgment....continue reading
Case Digest (G.R. No. L-12644)
Facts:
The case of Koppel (Philippines), Inc. v. Magallanes involves a petition for relief from judgment and order filed by the defendant, Rustico A. Magallanes, who is also the special administrator of the estate of Paulino Magallanes. The plaintiff, Koppel (Philippines), Inc., filed a complaint against Rustico Magallanes, alleging that they sold certain agricultural machineries to him for a total sum of P14,470, of which P8,700 was paid in cash and the remaining balance of P5,770 was payable in installments. The defendant constituted a chattel mortgage and a real estate mortgage as security for the payment of the balance. However, the defendant failed to pay the balance despite repeated demands. The plaintiff elected to foreclose the real estate mortgage judicially and simultaneously foreclosed the chattel mortgage extrajudicially. The court rendered a decision on February 24, 1955, stating that the defendant's outstanding obligation was P3,873, including attorney's fees, and ordered him to deposit the amount within ninety days. The defendant failed to comply with the order, and the plaintiff purchased the mortgaged lands for P2,500 at a public auction. The defendant filed a motion for a deficiency judgment and a writ of execution, which was denied by the court. Subsequently, the defendant filed a petition for...