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SUPREME COURT on certiorari under Rule 45 of the Rules of Court, which was denied by the
Court in a Resolution dated May 16, 2005, for being the wrong remedy
SECOND DIVISION under the 1997 Rules of Civil Procedure, as amended.
(b) Petition for review. — The appeal to the Court of Appeals in cases
3. The sum of TWO HUNDRED THOUSAND PESOS (₱200,000.00) as
decided by the Regional Trial Court in the exercise of its appellate
exemplary damages in order to deter others from doing similar act in
jurisdiction shall be by petition for review in accordance with Rule 42.
withholding possession of a property to another to which he/she has no
right to possess; and
(c) Appeal by certiorari. — In all cases where only questions of law are
raised or involved, the appeal shall be to the Supreme Court by petition
4. Costs of suit.
for review on certiorari in accordance with Rule 45. (Emphasis supplied)
SO ORDERED.
In Cerezo vs. Tuazon,4 the Court reiterated the remedies available to a
party declared in default:
a) The defendant in default may, at any time after discovery thereof and THE MONETARY AWARDS FOR DAMAGES AND ATTORNEY’S FEES ARE
before judgment, file a motion under oath to set aside the order of UNWARRANTED AND UNJUSTIFIABLE CONSIDERING THAT SUCH ARE
default on the ground that his failure to answer was due to fraud, NOT SUPPORTED BY LAW AND JURISPRUDENCE
accident, mistake or excusable negligence, and that he has a meritorious
defense (Sec. 3, Rule 18 [now Sec. 3(b), Rule 9]);
IV
Petitioner further argues that the petition involved questions of law, and
MA. ALICIA AUSTRIA-MARTINEZ
the Court should have taken cognizance of the case. The grounds set forth
in her petition prove otherwise, viz.:
Associate Justice
GROUNDS
II
III