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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


11TH JUDICIAL REGION
BRANCH 1
BAGUIO CITY
BAGUIO CITY FINANCING
21,274-C-B-2008
CORPORATION,
Plaintiff-Petitioner
-versusETC.

CIVIL CASE NO.

FOR: SUM OF MONEY,

JEREMIAH JEROME R. CRUZ


Dependant-Respondent
x----------------------------------x
PETITION FOR RELIEF FROM JUDGMENT
COMES NOW, petitioner through the undersigned
authorized legal representative in the above title case, unto
this Honorable Court, most respectfully states and alleges
that:
1. On September 14, 2015, herein plaintiff-petitioner
received the order of the Honorable Court dated
September 10, 2015 denying the plaintiffs Notice of
Appeal for having been filed out of time;
2. With the kind indulgence of the Honorable Court, the
petitioner seeks for the relief from judgment to set
aside the said order that the appeal be given due
course on the following grounds:
a. The defendant stands to be unjustly enriched by
ONE HUNDRED SEVENTY EIGHT THOUSAND AND
EIGHT HUNDRED SIXTY SIX PESOS & 39/100 (PHP
178,866.39) representing the remaining unpaid
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balance of the loan amount the defendant secured


from the plaintiff-petitioner. This is exclusive of the
interest charge as of October 15, 2008. Up to the
present, the defendant borrower has not made any
payment on the account;
b. The plaintiff admits with all humility that it has
been incurring court procedural lapses in the
absence of a legal guidance subsequent to the
resignation of its in-house counsel. While plaintiff
keeps on searching for a lawyers services on a
permanent basis, it could hardly find an applicant,
as of this petition, who would be willing to accept
the workload of the legal department and be
engaged on a regular employment capacity;
c. The plaintiff believes that it should not be deprived
with property in the aforesaid substantial amount
without being completely heard in a court that it
believes to be the proper venue to compel
payment from a borrower who was given a loan
privilege in times of her needs but now remains
uncooperative in settling her obligation;
d. The petitioner committed a negligence when it
filed for an appeal out of time. True enough, it was
borne out of excusable neglect as the legal
representative is not an adroit in procedural law. In
the attached Affidavit of Merit denominated as
ANNEX A, an explanation of the excusable
negligence is humbly presented begging for the
kindness of the court to loosen the tight rope of
technicality in a situation where the plaintiff
painstakingly still continues to find a willing
applicant for the position of in-house corporate
counsel. Plaintiff could have timely and properly
filed the remedy had an applicant-lawyer made
good of her nod to serve as corporate counsel but
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retracted the commitment when she was expected


to report. Attached is an affidavit marked as
ANNEX B attesting to said fact;
e. The fact that the plaintiff, through the
representative, filed a Notice of Appeal was to let
the Honorable Court be apprised of its determined
and unswerving resolve to seek a redress for its
right violated by a loan borrower. Such action was
never to place any hint of mockery on the court for
the plaintiff is convinced given the attitude of the
borrower defendant of being elusive of her
obligation, the court is its only hope. Defendant
has caused so much of the difficulty in recovering
what she is supposed to return that petitioner
had to seek first the courts assistance before
obligations can be compelled.
f. The plaintiff-petitioner understands that the
Honorable Court is not oblivious of the following
rulings of the Supreme Court. With all due respect,
plaintiff humbly reminds if only to lay the solid
grounds why the petitioner is entitled to the relief
prayed for, viz:
In Eladio Alonso vs. Tomas Villamor, et al
(G.R. No. L-2352, July 26, 1910), the
Supreme Court is not agreeable on
technicalitys departure from its proper office,
to quote:
A litigation is not a game of technicalities
xxxxx. It is, rather, a contest in which each
contending party fully and fairly lays before
the court the facts in issue and then,
brushing aside as wholly trivial and indecisive
all imperfections of form and technicalities of
procedure, asks that justice be done upon
the merit. xxxxx Technicality, when it deserts
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its proper office as an aid to justice and


becomes its great hindrance and chief
enemy, deserves scant consideration from
courts (underscoring supplied).
In another case, the Supreme Court held:
Procedural technicality should not prevail
over substantive rights of a party to appeal
(NEA v. CA, 126 SCRA 394, as cited in United
Feature Syndicate vs. Munsingwear Creation,
G.R. No. 76193, November 9, 1989).
In another instance, the Supreme Court ruled:
It was further emphasized that we allowed
the filing of an appeal in some cases where a
stringent application of the rules would have
denied it, or when to do so would serve the
demands of substantial justice and in the
exercise of our equity jurisdiction (Serrano v.
Court of Appeals, 139 SCRA 179, as cited in
United Feature Syndicate vs. Munsingwear
Creation, G.R. No. 76193, November 9,
1989).
There are a string of cases with similar
accommodations to appeals not filed on time.
Petitioner sees no need to express them all in
this petition as it hopes the foregoing cases
and explanations would suffice to draw the
compassion of the court.
PRAYER
WHEREFORE, in the light of the foregoing premises,
petitioner respectfully prays to the Honorable Court that the
herein petition for relief from judgment be granted that the
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order dated September 10, 2015 be set aside and permit the
appeal to take its course.
Other reliefs or remedies deemed equitable and just are
likewise prayed for.
Respectfully submitted this 10th September, 2015,
Baguio City, Philippines.
DOLORES BALAGAT

Republic of the Philippines)


City of Baguio
) s.s.
x--------------------------------x
VERIFICATION / CERTIFICATION OF NON-FORUM
SHOPPING
I, DOLORES BALAGAT, Filipino, of legal age, and with
office address at 2nd Floor Baguio Central Warehouse Club,
Baguio City, Philippines, after having been sworn to in
accordance with law do hereby depose and state:
That I am the authorized representative of Baguio City
Financing Corp.; That I have caused the preparation of the
foregoing PETITION FOR RELIEF FROM JUDGEMENT and have
read the allegations contained therein;
That
allegations in said petition are true and correct of my own
knowledge and based on authentic records;
I hereby certify that I have not commenced any other
action or proceeding involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending therein;
If I should thereafter learn that a similar action or
proceeding has been filed or is pending, I herby undertake to
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report that fact within five (5) days therefrom to the court or
agency where the original pleading and sworn certification
contemplated herein have been filed;
I executed this verification/certification to attest to the
truth of the foregoing facts and to comply with the provisions
of Adm. Circular No. 04-94 of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 10th of September, 2015, in the City of Baguio,
Philippines.
DOLORES BALAGAT
Affiant/Petitioner
ID No. 1234567
SUBSCRIBED AND SWORN to before me this 10th of
September, 2015 at Baguio City, Philippines.
NOTARY
PUBLIC
Doc No. ____
Page No. ____
Book No. ____
Series of 2016.

CHRISTINE JOY D. PRESTOZA


PTR No. 38492 / 1-4-16 / Baguio City
Roll of Attorney No. 68352 / 1-4-16 / Baguio City
IBP Lifetime Membership No. 03923 / Baguio-Benguet
MCLE Compliance No. III-006 / 1-10-16
Room 201, 4th Floor, POA Building,
Upper Session Road, Baguio City
(074) 442-9302 / 09939589201
TIN No. 654-000-245

EXPLANATION
Copy of the petition was served by registered mail due
to time and distance constraints and for luck of the
undersingeds staff who can serve the same in person.
DOLORES BALAGAT
Copy furnished thru Registered Mail:
ATTY. JOSEPH BRIAN ATENSOR
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Defendant Counsel
Evangelio Law Office
Ermelyn Complex, Agton St.,
Toril, BaguioCity

Republic of the Philippines)


City of Baguio
x--------------------------------x

)s.s

AFFIDAVIT OF MERIT
I, DOLORES, of legal age, with office address at 2 nd Floor
DCWC, Baguio City, after having been sworn to in
accordance with law do hereby depose and state:
That I am the authorized legal representative of Baguio
City Financing Corporation (BCF);
That relative to the court proceedings of Civil Case No.
21,274-C-B-2008 for SUM OF MONEY, DAMAGES, and
ATTORNEYs fees filed by Baguio Century Financing Corp.
against JEREMIAH JEROME R. CRUZ, I filed on behalf of the
corporation a Notice of Appeal from the dismissal order
dated August 18, 2015 of the Regional Trial Court, Branch 1,
Baguio City;
That such notice of appeal was made as a remedial
recourse and to apprise the Honorable Court of the DFCs
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determined and unswerving resolve to seek recovery of


unpaid loan account of an elusive loan borrower in the
aforesaid civil case;
That said Notice of Appeal was dismissed by the court a
quo being filed out of time;
That the deferred Notice of Appeal was subsequent to
the filing of a motion for an extension of time to file a motion
for reconsideration; that the latter motion for an extension of
time was not previously known to the best of my knowledge
as a prohibited pleading, being a representative and not a
full-fledged lawyer with limited exposure to the legal
profession;
That such excusable negligence could not have been
avoided with ordinary foresight; the technicality involved and
procedural consequences per Rules of Court require the
acumen of a lawyer allowed to practice by law;
That the filing of said notice of appeal was made out of
apprehensions of the dismissal order being wary of losing
the right to claim in a legal action; that the belated appeal
can still be given its due course in the interest of equity and
justice as supported by a string of jurisprudence;
That this affidavit of merit is executed to support the
plaintiffs petition for a relief from an adverse judgment on
the above case.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 10th day of September, 2016, in the City of
Baguio, Philippines.

DOLORES BALAGAT
Affiant
ID No. 1234567
SUBSCRIBED AND SWORN to before me this 10th day of
September, 2015 at Baguio City, Philippines.

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NOTARY PUBLIC

Doc No. ____


Page No. ____
Book No. ____
Series of 2016.

CHRISTINE JOY D. PRESTOZA


PTR No. 38492 / 1-4-16 / Baguio City
Roll of Attorney No. 68352 / 1-4-16 / Baguio City
IBP Lifetime Membership No. 03923 / Baguio-Benguet
MCLE Compliance No. III-006 / 1-10-16
Room 201, 4th Floor, POA Building,
Upper Session Road, Baguio City
(074) 442-9302 / 09939589201
TIN No. 654-000-245

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