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ACTION FOR ANNULMENT OF JUDGEMENT

Republic of the Philippines

COURT OF APPEALS
Manila

Mamerto Velayo,
Petitioner,

-versus- C.A.
G.R. No.___

Pedrito Balba
Respondent.
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PETITION FOR ANNULMENT OF JUDGEMENT

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
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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
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MCLE No. I-001234; 09/09/09

MCLE No. II-005678; 9/09/09

VERIFICATION AND CERTIFICATION AGAINST FORUM

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