This case has been cited 1 times or more.
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2007-07-10 |
YNARES-SANTIAGO, J. |
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| Petitioner bewails that the records of Civil Case No. 1102-P was destroyed due to a fire that gutted the Pasay City Hall Building on January 18, 1992 as evidenced by a Certification[47] dated November 6, 2001 issued by the Office of the Clerk of Court, RTC, Pasay City. However, petitioner was not without recourse considering that she could have filed a petition for the reconstitution of the records of said case, and thereafter, sought the annulment of the judgment therein, if warranted. The procedure for the reconstitution of records could have been done either under Act No. 3110,[48] which is the general law that governs the reconstitution of judicial records, or under Section 5(h)[49] of Rule 135 of the Rules of Court which recognizes the inherent power of the courts to reconstitute at any time the records of their finished cases.[50] Since petitioner failed to avail of the proper remedies before the proper forum, we cannot rule on, much less disturb, the validity of the proceedings before the Pasay City RTC in Civil Case No. 1102-P. | |||||