SECOND DIVISION
[G.R. No. 246243. June 17, 2019.]
NEWLY WEDS CANADA ACQUISITIONS CO., petitioner, vs.CORNELL FOODS, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated17 June 2019which reads as follows:
"G.R. No. 246243 (Newly Weds Canada Acquisitions Co. v. Cornell Foods, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the January 8, 2018 Decision 2 and the March 25, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 143614 for failure of petitioner Newly Weds Canada Acquisitions Co. (petitioner) to sufficiently show that the CA committed any reversible error in annulling and setting aside the August 5, 2015 Omnibus Order 4 of the Regional Trial Court of Pasig City, Branch 166 (RTC) in Civil Case No. 71867.
As correctly held by the CA, the requisites to avail of a petition for relief from judgment under Rule 38 of the Rules of Court are wanting in this case. 5 For a judgment or final order to be set aside, the party seeking redress must prove that either fraud, accident, mistake, or excusable negligence was present. 6 Where the petition is based on the ground of excusable negligence by the counsel, the party must show that the counsel's negligence could not have been prevented using ordinary diligence and prudence. 7 Here, the CA properly ruled that petitioner failed to establish that any such grounds were availing. 8 Moreover, a petition for relief from judgment is an extraordinary remedy that is available only if there are no other remedies. 9 Here, petitioner has other remedies, particularly, an appeal from the assailed judgment dismissing the petition for appointment, which it lost through its own fault. While petitioner filed a motion for extension of time to file a petition for certiorari, it failed to file its petition. 10
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-35.
2.Id. at 45-60. Penned by Associate Justice Pablito A. Perez with Associate Justices Normandie B. Pizarro and Ramon A. Cruz, concurring.
3.Id. at 61-62. Penned by Associate Justice Pablito A. Perez with Associate Justices Japar B. Dimaampao and Ramon A. Cruz, concurring.
4.Id. at 156-158. Signed by Presiding Judge Rowena De Juan-Quinagoran.
5. See id. at 51-52.
6. See RULES OF COURT, Rule 38, Section 1.
7. See Madarang v. Spouses Morales, 735 Phil. 632, 634 (2014).
8. See rollo, p. 52.
9. See Aguila v. Baldovizo, 545 Phil. 693, 700 (2007).
10. See rollo, p. 54.