G.R. No. L-23561 August 28, 1967
ALFONSO DARAN, petitioner-appellant, vs. DOMINADOR ANGCO, respondent-appellee. DAMASO ACOSTA, intervenor.

FACTS

This case originated from a petition for relief under Rule 38 from a default judgment of the Municipal Court (then Justice of the Peace Court) of Aurora, Isabela. The facts are stipulated. The summons and complaint in the municipal court case were received and signed by Celestina Daran, wife of petitioner Alfonso Daran, on July 30, 1961. The municipal court rendered its decision on September 4, 1961. Petitioner learned of the default judgment on October 16, 1961. He filed his petition for relief in the Court of First Instance on April 12, 1962. Communications regarding the payment of docket fees occurred between his counsel and the Clerk of Court in February, March, and April 1962.

ISSUE

Whether the petition for relief from judgment was filed within the reglementary period prescribed by the Rules of Court.

RULING

No. The Supreme Court affirmed the dismissal of the petition for relief as untimely. Under Section 3, Rule 38, a petition for relief must be filed within sixty (60) days after the petitioner learns of the judgment. Petitioner learned of the judgment on October 16, 1961, making the last day to file December 16, 1961. The petition was filed only on April 12, 1962, nearly six months later, which is beyond the allowed period. The Court also found no merit in the contention of irregular service of summons, holding that substituted service upon the wife was justified as the policeman did not find the petitioner at his usual place of abode and was informed he was in another barrio, with no assurance of service there, and the wife was a person of sufficient discretion.