This case has been cited 8 times or more.
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2015-01-14 |
BERSAMIN, J. |
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| The findings of the Regional Trial Court (RTC) on the existence or non-existence of a party's psychological incapacity should be final and binding for as long as such findings and evaluation of the testimonies of witnesses and other evidence are not shown to be clearly and manifestly erroneous.[12] In every situation where the findings of the trial court are sufficiently supported by the facts and evidence presented during trial, the appellate court should restrain itself from substituting its own judgment.[13] It is not enough reason to ignore the findings and evaluation by the trial court and substitute our own as an appellate tribunal only because the Constitution and the Family Code regard marriage as an inviolable social institution. We have to stress that the fulfilment of the constitutional mandate for the State to protect marriage as an inviolable social institution[14] only relates to a valid marriage. No protection can be accorded to a marriage that is null and void ab initio, because such a marriage has no legal existence.[15] | |||||
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2008-11-28 |
NACHURA, J. |
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| To strengthen their claim for relief from judgment, petitioners relied on their alleged meritorious defense, thereby focusing mainly on the grounds warranting the reversal of the January 5, 1996 Decision. We would like to emphasize at this point that fraud, accident, mistake, or excusable negligence should first be established before relief from judgment can be granted. Indeed, relief will not be granted to a party who seeks avoidance from the effects of the judgment when the loss of the remedy at law was due to his own (or that of his counsel) negligence; otherwise, the petition for relief can be used to revive the right to appeal which had been lost through inexcusable negligence.[19] | |||||
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2008-11-28 |
NACHURA, J. |
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| A petition for relief from judgment is an equitable remedy that is allowed only in exceptional cases when there is no other available or adequate remedy. When a party has another remedy available to him, which may be either a motion for new trial or appeal from an adverse decision of the trial court, and he was not prevented by fraud, accident, mistake or excusable negligence from filing such motion or taking such appeal, he cannot avail himself of this remedy. Indeed, relief will not be granted to a party who seeks avoidance from the effects of the judgment when the loss of the remedy at law was due to his own negligence; otherwise, the petition for relief can be used to revive the right to appeal which had been lost thru inexcusable negligence.[26] | |||||
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2008-03-14 |
CHICO-NAZARIO, J. |
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| In Tuason v. Court of Appeals,[40] the Court explained the nature of a petition for relief from judgment:A petition for relief from judgment is an equitable remedy that is allowed only in exceptional cases where there is no other available or adequate remedy. When a party has another remedy available to him, which may be either a motion for new trial or appeal from an adverse decision of the trial court, and he was not prevented by fraud, accident, mistake or excusable negligence from filing such motion or taking such appeal, he cannot avail himself of this petition. Indeed, relief will not be granted to a party who seeks avoidance from the effects of the judgment when the loss of the remedy at law was due to his own negligence; otherwise the petition for relief can be used to revive the right to appeal which had been lost thru inexcusable negligence.[ (Emphasis and underscoring supplied; citations omitted) | |||||
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2006-10-23 |
AUSTRIA-MARTINEZ, J. |
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| As a final note, we reiterate that our Constitution is committed to the policy of strengthening the family as a basic social institution.[41] The Constitution itself however does not establish the parameters of state protection to marriage and the family, as it remains the province of the legislature to define all legal aspects of marriage and prescribe the strategy and the modalities to protect it and put into operation the constitutional provisions that protect the same.[42] With the enactment of the Family Code, this has been accomplished as it defines marriage and the family, spells out the corresponding legal effects, imposes the limitations that affect married and family life, as well as prescribes the grounds for declaration of nullity and those for legal separation.[43] As Lucita has adequately proven the presence of a ground for legal separation, the Court has no reason but to affirm the findings of the RTC and the CA, and grant her the relief she is entitled to under the law. | |||||
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2006-08-22 |
CHICO-NAZARIO, J. |
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| Indeed, relief will not be granted to a party who seeks avoidance from the effects of the judgment when the loss of the remedy at law was due to his own negligence; otherwise the petition for relief can be used to revive the right to appeal which had been lost thru inexcusable negligence.[9] | |||||
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2005-08-18 |
CARPIO, J. |
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| Lastly, as an equitable remedy, a petition for relief from judgment is available only as a last recourse, when the petitioner has no other remedy.[37] This is not true here because petitioners had at their disposal other remedies which they in fact availed of, albeit belatedly or defectively, such as when they filed their motion for reconsideration or new trial in the trial court. As the Court of Appeals held:[A] "Petition for Relief from Judgment" is not a general utility tool in the procedural workshop. The relief granted under Rule 38 of the Rules of Court is of equitable character and is allowed only when there is no other available or adequate remedy. It is not regarded with favor. The judgment rendered will not be disturbed where the complainant has or by exercising proper diligence would have had an adequate remedy at law. If the complainant lost a remedy at law from an adverse judgment by his xxx negligence, such inequitable conduct precludes him from relief under Rule 38 of the Rules of Court.[38] xxx | |||||