G.R. No. L-10657; May 16, 1958
NUMERIANO L. VALERIANO, ET AL., plaintiffs-appellants, vs. CONCEPCION KERR, ET AL., defendants-appellees.

FACTS

The plaintiffs-appellants filed a petition for relief from an order of the Court of First Instance of Rizal that had dismissed their complaint. They claimed that through accident, mistake, or excusable negligence, they failed to appeal the dismissal order within the reglementary period. Their attorneys received a copy of the dismissal order dated November 29, 1955, on December 12, 1955. No appeal was filed within the 30-day period. The plaintiffs alleged they only learned of the dismissal and the failure to appeal on or about February 1, 1956, as they had believed their lawyers were prosecuting the case. They asserted they never intended to abandon the suit and took immediate steps to file the petition for relief after discovering the dismissal.

ISSUE

Whether the facts alleged by the plaintiffs constitute sufficient grounds for relief from the order of dismissal, based on accident, mistake, or excusable negligence for failing to appeal on time.

RULING

No. The Supreme Court affirmed the lower court’s order denying the petition for relief. The Court held that the plaintiffs were represented by counsel, and notice to their attorneys was notice to the plaintiffs themselves. The alleged facts were insufficient to set aside the dismissal. The Court reasoned that if a final order could be reopened whenever a party claims unawareness and attributes a failure to appeal to their attorney’s mistake or lack of authority, it would make the end of litigations speculative and dependent on the parties’ will. The order was affirmed with costs against the plaintiffs.