SPOUSES MESINA V. MEER (REMEDIAL)

After careful examination of the case, we resolve to deny the petition.

RELIEF FROM JUDGMENT is an equitable remedy and is allowed only under exceptional circumstances and only if fraud, accident, mistake, or excusable negligence is present. Where the defendant has other available or adequate remedy such as a motion for new trial or appeal from the adverse decision, he cannot avail himself of this remedy.

Under the 1997 Revised Rules of Civil Procedure, the PETITION FOR RELIEF must be filed within 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set aside and must be accompanied with affidavits showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner's good and substantial cause of action or defense, as the case may be. Most importantly, it must be filed with the same court which rendered the decision.

As correctly pointed out by the CA, the petitioners' allegation of extrinsic fraud should have been brought at issue in the MTC. If they truly believe that the default of the spouses Mesina prejudices their rights, they should have questioned this from the very beginning. Yet, they chose to participate in the proceedings ans actively presented their defense. And their efforts were rewarded as the MTC rules in their favor.

When the respondent appealed the case to the RTC, they never raised this issue. Even after the RTC reversed the finding of the MTC, and the CA sustained this reversal, petitioners made no effort to bring this issue for consideration. The SC will not allow petitioners, in guise of equity, to benefit from their own negligence.