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Aquino vs. Tangkengko

EMILIO A. AQUINO, Petitioner, vs. CARMELITA TANGKENGKO, MORRIS TANGKENGKO and RANILLO TANGKENGKO, Respondents. Present: SERENO, CJ., LEONARDO-DE CASTRO, BERSAMIN, PERLAS-BERNABE, and CAGUIOA, JJ.

G.R. No. 197356 | 2016-08-24

Republic of the Philippines
Supreme Court
Manila
 
 
FIRST DIVISION
 
DECISION
 
BERSAMIN, J.:
 
A litigant who brought a petition for relief from judgment under Rule 38 of the Rules of Court cannot anymore avail himself of an action for annulment of judgment under Rule 47 of the Rules of Court based on the same grounds available to him for the prior remedy.
 
The Case
 
The petitioner seeks to reverse and set aside the resolutions promulgated March 10, 20111 and June 21, 2011,2 whereby the Court of Appeals (CA) respectively dismissed his petition for annulment of judgment and denied his ensuing motion for...