QuestionsQuestions (Act No. 75)
The main purpose of Act No. 75 is to provide a remedy against judgments obtained in Courts of First Instance by fraud, accident, mistake, or excusable negligence, allowing the Supreme Court to reverse and set aside such judgments.
The Supreme Court of the Philippines sitting in banc has the authority to reverse and set aside such judgments.
If the judgment was rendered before the passage of the Act, the application must be made within sixty days after the Act's passage. If the judgment was rendered after the passage of the Act, the application must be made within sixty days after the applicant first knows of the judgment.
The petition must state the fact of the rendition of the judgment, the circumstances constituting the fraud, accident, mistake, or excusable negligence, and a prayer that the judgment be reversed and set aside.
The Supreme Court directs reasonable notice to be served on the adverse party, who is required to appear and defend the petition. The court then summarily hears the merits upon oral evidence before making a decision.
The court shall reverse and set aside the complained judgment or grant the appeal and determine it on its merits as if regular appeal procedures were followed.
The judge may grant an injunction restraining the enforcement of the judgment against the petitioner, his agents, attorneys, and the judge who rendered the said judgment until further Supreme Court order.
The court may require an obligation with sufficient sureties from the petitioner to cover damages and costs should the petitioner fail to prosecute the petition or prevail.
Violations of the injunction may be punished by imprisonment at the discretion of the court, and acts done in violation are unlawful and void.
The Act shall be construed liberally, not technically, to secure to the fullest extent the right of fair trial and appeal.