PETITIONER, by counsel and to this Honorable Court,
respectfully alleges:
Petitioner is of legal age and with residence at ______, while
respondent is also of legal age with residence at ___________.
1. On _________, an adverse judgement was rendered
against him in Civil Case No. ____, for a sum of money based on a promissory note alleged executed in favour of respondent. Certified true copy of said judgement is attached hereto as Annex “A”.
2. Petitioner learned of said judgment against him only after
two (2) years from the date thereof, precluding him to file ordinary remedies of new trial, petition for relief from judgement or any other appropriate remedy.
3. Investigations show that after petitioner referred the
summons to his counsel, Atty. ______, the latter moved for extension of time to file answer, which was granted by the trial court. However, since then Atty. _____ did not do any thing any more, as he migrated to the United States without informing 2 of 3
petitioner, without withdrawing from the case, by reason of which
an adverse judgement was rendered.
4. Petitioner has a good and valid defences to defeat
respondent’s claim, on the ground that he did not execute the promissory note, upon which the complaint was based, the same thing being a forgery; and while he owed respondent the amount claimed in the complaint, he already paid such amount, thru his authorized collector who presented to petitioner a power of attorney for such purpose, certified true copy of which power of attorney is attached hereto as Annex “B”.
5. Petitioner was prevented, by extrinsic frauds, from having
his day in court and in violation of his right to due process.
6. Petitioner attaches herewith the following, in support of
this action:
Affidavit attesting to the extrinsic frauds committed and to the
good and valid defences which petitioner has to repel and defeat respondent’s calms, which is attached hereto as Annex “C”; and
Another affidavit of ____, attesting to the fact that Atty. ____
migrated to the United States on or about ____, after he filed the motion for extension of time to file answer, and since then nothing was heard from him concerning said case, as executed by his former secretary, Ms. ______. WHEREFORE, petitioner prays that judgement be rendered annulling the trial court’s decision Annex “A” hereof, and for such other reliefs as may be just and equitable in the premises.
City of Manila, Philippines, May 20, 2016.
ATTY. BRET MONSANTO
Counsel for Respondent Unit 1, X Building, Recto, Manila IBP No. 123456; 01/10/10-Manila PTR No. 1234567; 01/10/10- Manila Roll No. 12345; 5/05/05 3 of 3