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Villanueva vs. Nite 496 SCRA 459

SINCERE Z. VILLANUEVA, Petitioner, versus MARLYN P. NITE,* Respondent.

G.R. No. 148211 | 2006-07-25

SECOND DIVISION

D E C I S I O N

CORONA, J.:

In this petition for review on certiorari under Rule 45, petitioner submits that the Court of Appeals (CA) erred in annulling and setting aside the Regional Trial Court (RTC) decision on the ground of extrinsic fraud.

The facts follow.[1]

Respondent allegedly took out a loan of P409,000 from petitioner. To secure the loan, respondent issued petitioner an Asian Bank Corporation (ABC) check (Check No. AYA 020195) in the amount of P325,500 dated February 8, 1994. The date was later changed to June 8, 1994 with the consent and concurrence of petitioner.

The check was, however, dishonored due to a...