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.
In exceptional cases, when the mistake of counsel is so palpable that it
amounts to gross negligence, this Court affords a party a second opportunity to
vindicate his right. But this opportunity is unavailing in the instant case,
especially since petitioner has squandered the various opportunities available to
him at the different stages of this case. Public interest demands an end to every
litigation and a belated effort to reopen a case that has already attained finality
will serve no purpose other than to delay the administration of justice.
Finally, it is a settled rule that relief will not be granted to a party who
seeks to be relieved from the effects of the judgment when the loss of the
remedy at law was due to his own negligence, or a mistaken mode of procedure;
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 mistaken mode of procedure by counsel.[17]
ACCORDINGLY, the petition is DISMISSED.
SO ORDERED.
RUBEN T. REYES
Associate Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson