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City of Dagupan, represented by the City Mayor Benjamin S. Lim Vs. Ester F. Maramba, represented by her Attorney-in-Fact Johnny Ferrer

CITY OF. DAGUPAN, represented by the CITY MAYOR BENJAMIN S. LIM, Petitioner, vs. ESTER F. MARAMBA, represented by the ATTORNEY-IN-FACT JOHNNY FERRER, Respondent,

G.R. No. 174411 | 2014-07-02

THIRD DIVISION
 
DECISION
 
LEONEN, J.:
 
A petition for relief from judgment under Rule 38 is an equitable remedy which allows courts to review a judgment tainted with neglect bordering on extrinsic fraud. In this case, total damages in the amount of Pl 1 million was awarded in spite of the evidence on record. The motion for reconsideration of such judgment filed by the legal officer of the City of Dagupan inexplicably omitted the required notice for hearing. Considering the damage that would be suffered by the local government, such mistake was so glaring as to raise suspicion that it was...