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Guinto vs. Lansang 2

The document is a petition for relief from judgment filed by defendant Candoy Lansang in a forcible entry case against plaintiff Angelina Guinto. The petition seeks to set aside a court order dated April 23, 2024, citing procedural lapses and excusable neglect due to the absence of legal representation. Lansang asserts that the failure to timely appeal was due to negligence and requests the court's leniency in allowing the appeal to proceed.

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Jestri Ashley De Jesus
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30 views3 pages

Guinto vs. Lansang 2

The document is a petition for relief from judgment filed by defendant Candoy Lansang in a forcible entry case against plaintiff Angelina Guinto. The petition seeks to set aside a court order dated April 23, 2024, citing procedural lapses and excusable neglect due to the absence of legal representation. Lansang asserts that the failure to timely appeal was due to negligence and requests the court's leniency in allowing the appeal to proceed.

Uploaded by

Jestri Ashley De Jesus
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Third Judicial Region


2nd MUNICIPAL CIRCUIT TRIAL COURT
OF CAPAS-BAMBAN-CONCEPCION
Capas, Tarlac City

SPS ANGELINA GUINTO


Plaintiff-Petitioner CIVIL CASE NO. 3009-23
FOR: FORCIBLE ENTRY

-versus-

CANDOY LANSANG, ET. AL


Defendant-Respondent.

x-------------------x

PETITION FOR RELIEF OF JUDGMENT

COMES NOW, petitioner through the undersigned authorized legal


representative in the above title case, unto this Honorable Court, most
respectfully states and alleges that:

1. On April 23, 2024, herein defendant-respondent appeared before the


order of the Honorable Court;

2. With the kind indulgence of the Honorable Court, the petitioner seeks
for the relief from judgment to set aside the said order that the appeal
be given due course on the following grounds:

a. The respondent admits with all humility that it has been incurring
court procedural lapses in the absence of legal guidance
subsequent to the change of counsel. While respondent keeps on
searching for a lawyer’s services on a permanent basis, it could
hardly find an applicant, as of this petition, who would be willing
to accept the workload.

b. The respondent committed a negligence when it filed for an


appeal out of time. True enough, it was borne out of excusable
neglect as the legal representative is not an adroit in procedural
law. In the attached Affidavit of Merit denominated as ANNEX
“A”, an explanation of the excusable negligence is humbly
presented begging for kindness of the court to loosen the tight
rope of technicality in situation where the respondent
painstakingly still continue to find a willing applicant for the
position of in-house corporate counsel. Respondent could have
timely and properly filed the remedy had found an applicant-
lawyer.

PRAYER

WHEREFORE, in the light of the foregoing premises, petitioner


respectfully prays to the Honorable Court that the herein petition for relief
from judgment be granted- that the order dated April 23, 2024 be set aside.

Other reliefs or remedies deemed equitable and just are likewise


prayed for.

Respectfully submitted this ___ May 2024, Capas, Tarlac, Philippines.


CANDOY LANSANG

Republic of the Philippines )


Capas, Tarlac )s.s.
x-------------------x

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, CANDOY LANSANG, Filipino, of legal age, and with address at


_______________________________________________________ after having been
sworn to in accordance with law do hereby depose and state:
That I have caused the prepation of the foregoing PETITION FOR RELIEF
FROM JUDGEMENT and have read the allegations contained therein;
That allegations in the said petition are true and correct of my own
knowledge and based on authentic records;
I hereby certify that I have not commenced any other action or
proceeding involving the same issues in any court, tribunal or quasi-judicial
agency or claim is pending therein;
If I should thereafter learn that a similar action or proceeding has been
filled or is pending, I hereby undertake to report that fact within five (5) days
therefrom to the court or agency where the original pleading and sworn
certification contemplated herein have been filed.;
I executed this verification/certification to attest to the truth of the
foregoing facts and to comply with the provisions of Adm. Circular No. 04-94
of the Honorable Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this ___
May , 2024 in Capas, Tarlac Philippines.

CANDOY LANSANG
Affiant/Defendant
ID No.
SUBSCRIBED AND SWORN to before this ___ of May, 2024 at Capas, Tarlac
Philippines.

NOTARY PUBLIC

REPUBLIC OF THE PHILIPPINES)


CAPAS, TARLAC)s.s.

AFFIDAVIT OF MERIT
I CANDOY LANSANG, of legal age, Filipino and resident of________________ ,
after being duly sworn to in accordance with law, hereby depose and state
that:
1. I am the Defendant in the case entitled SPS. GUINTO vs LANSANG
docketed as Civil Case No. 300-23 And pending before the 2 ND MCTC of
Capas-Bamban-Concepcion;

2. I have caused the preparation of the "Petition for Relief of Judgment" to


which this affidavit is attached;

3. I have read the allegations contained therein and I hereby state that
the same is true and correct of my personal knowledge and based on
authentic records;

4. The reason for my failure to proceed with the steps necessary for my
case was due to the fact that my previous counsel, dropped the case.

5. The foregoing circumstance that led to the dismissal of my petition


constitute mistake and/or excusable negligence which ordinary
prudence could not have guarded against and by reason of which I
have been impaired of my rights, especially because a judgment
rendered by the court without affording me the chance to my
evidence;

6. I voluntarily execute this Affidavit of Merit to attest to the truth of the


foregoing facts and in order to support the grounds in my "Petition for
relief of judgment" as it really shows that the same is meritorious and
in order that the Order or Judgment rendered against me be
reconsidered

CANDOY LANSANG
Affiant/Defendant
ID No.
SUBSCRIBED AND SWORN to before this ___ of May, 2024 at Capas, Tarlac
Philippines.

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