GR L 3106; (December, 1955) (Digest)
G.R. No. L-3106 December 29, 1955
FILOMENO O. GANA, MARIA PAZ GANA, BELEN GANA, JOSE G. GANA, FILOMENA GANA, and TELESFORO L. GANA, for himself and as guardian of the minor BENJAMIN GANA, petitioners, vs. HONORABLE GAVINO S. ABAYA, Judge of the Court of First Instance of Rizal, Caloocan Branch, and MARIA LUISA P. VDA. DE GANA, respondents.
FACTS
On July 2, 1947, the petitioners, as heirs of the late Maria A. Gana, filed an action for reconveyance of four parcels of land against respondent Maria Luisa P. Vda. de Gana in the Court of First Instance of Rizal. On November 8, 1947, the court denied the motion to dismiss and directed the respondent to file an answer. On February 14, 1948, the respondent was declared in default for failure to file her answer, and trial proceeded in her absence. Judgment was rendered in favor of the petitioners on July 28, 1948. The respondent claims she learned of the default order on July 20, 1948. On August 31, 1948, she filed a petition for relief from the order of default dated August 29, 1948. The court, under Judge Jose F. Letargo, denied the petition on May 26, 1949. However, on July 8, 1949, the court, now presided by Judge Gavino S. Abaya, reconsidered the previous order, set aside the default order and the judgment, allowed the respondent to file an answer, and set the case for trial. The petitioners filed for a writ of certiorari with preliminary injunction, arguing the respondent judge acted without jurisdiction because the petition for relief was filed beyond the six-month period prescribed by Rule 38.
ISSUE
Whether the respondent judge acted without or in excess of jurisdiction in granting the petition for relief from the order of default, considering it was filed beyond the six-month period provided under Section 3, Rule 38 of the Rules of Court.
RULING
The Supreme Court granted the writ. The petition for relief from the order of default was filed on August 31, 1948, which was six months and seventeen days after the default order was entered on February 14, 1948. Under Section 3, Rule 38, a petition for relief must be filed within six months after the judgment or order was entered. This six-month period is not extendible. Even if the respondent learned of the order within six days prior to filing, the petition was still filed beyond the absolute six-month deadline. Therefore, the relief under Rule 38 was no longer available. The orders of July 8 and 16, 1949, issued by the respondent court were set aside, and the preliminary injunction was made final.