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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ S. Remedies after Judgment Becomes Final ▸ 1. Petition for Relief from Judgment - Rule 38

Question

Remedies after Judgment Becomes Final: Petition for Relief from Judgment - Rule 38

Alice filed a complaint against Bob for breach of contract. After a trial, the court rendered a decision in favor of Alice. Bob, however, failed to appeal the decision within the prescribed period, and the judgment became final. Several months later, Bob discovers new evidence that could have a significant impact on the case. He now wants to challenge the final judgment.

  1. What remedy is available to Bob to challenge the final judgment?
  2. What are the requirements for filing a petition for relief from judgment under Rule 38?
  3. What are the grounds that Bob can invoke in his petition for relief from judgment?
  4. What is the effect of the pendency of a petition for relief on the final judgment?


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Bar Review Question: Remedies after Judgment Becomes Final: Petition for Relief from Judgment - Rule 38 Alice filed a c