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G.R. No. 182718 Republic of the Philippines Supreme Court Manila THIRD DIVISION JULIO B. PURCON, JR., G.R. No. 182718 Petitioner, Present: YNARES-SANTIAGO, J., Chairperson, - versus - AUSTRIA-MARTINEZ, CHICO-NAZARIO, NACHURA, and REYES, JJ. MRM PHILIPPINES, INC. and MIGUEL L. RIVERA/MARITIME Promulgated: RESOURCES MANAGEMENT, Respondents. September 26, 2008 x--------------------------------------------------x RESOLUTION REYES, R.T., J.: A PETITION for relief from judgment under Rule 38 of the 1997 Rules of Civil Procedure is an equitable remedy that is allowed only in exceptional cases when there is no other available or adequate remedy. It may be availed of

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JULIO B. PURCON, JR. vs. MRM PHILIPPINES, INC. and MIGUEL L. RIVERA/MARITIME RESOURCES MANAGEMENT

Jurisprudence

Case number: G.R. No. 182718

Division: PH Supreme Court Third Division

Date of decision: Sep 26, 2008

Year of decision: 2008

Nature of the case: Claim for work-related illness.

MRO Case Type

Claim of compensation and benefits
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Other issues
Requirements for compensability

Summary of outcome: The relief afforded by Rule 38 will not be granted to a party who seeks to be relieved from the effects of the judgment when the loss of the remedy of law was due to his own negligence, or mistaken mode of procedure for that matter; otherwise the petition for relief will be tantamount to reviving the right of appeal which has already been lost, either because of inexcusable negligence or due to a mistake of procedure by counsel.

Observatory: Migrant Workers Rights

Ponente: REYES, R.T.,J.:

Primary Documents

2007-2008_G.R. No. 182718.pdf
English
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Commission on Human Rights

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JULIO B. PURCON, JR. vs. MRM PHILIPPINES, INC. and MIGUEL L. RIVERA/MARITIME RESOURCES MANAGEMENT

Primary Documents

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