G.R. No. L-14550; October 15, 1918
CESAREO CABABAN, plaintiff, vs. JOHN P. WEISSENHAGEN and SIXTO CAMARA, defendants.

FACTS:
A final judgment was rendered on August 2, 1918, against the defendant, who excepted to it in writing the following day. The defendant had the opportunity to take a bill of exceptions and appeal the judgment, thereby raising all the issues he now seeks to address through this proceeding. The defendant was not in default; he had filed an answer and was represented by counsel at the hearing. However, he failed to attend court and produce evidence. The court had also denied a motion for continuance.

ISSUE:
Whether the defendant is entitled to relief under Section 513 of the Code of Civil Procedure, given that the judgment was not rendered upon default.

RULING:
No. The Supreme Court denied the petition and dismissed the case. The Court held that relief under Section 513 of the Code of Civil Procedure is not available because the judgment was not rendered against the defendant upon default. Since the defendant had answered and was represented by counsel, his failure to attend court and present evidence did not constitute a default. Any error in the denial of a continuance could have been raised on appeal but cannot be corrected through this proceeding. The petition is therefore denied.