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Act No. 190 Section 149

Procedure to vacate such judgment.

Section 149

SEC. 149. Procedure to vacate such judgment. — The person aggrieved by a judgment obtained in the manner stated in the preceding section may, within the time therein limited, file his complaint in the Court of First Instance of the province in which the original judgment was rendered, stating the fact of the rendition of such judgment and the circumstances constituting the fraud, accident, mistake, or excusable negligence relied upon as ground for relief, and praying that such judgment may be reversed and set aside and the cause be determined upon its merits. The party against whom the complaint is made shall be served with notice as in other actions pending in the Court of First Instance, and the trial shall proceed as in other actions in that court. If the court shall find that the facts set forth in the complaint are true and that the complainant is entitled to relief, the judgment complained of shall be reversed and set aside, and shall thereafter be of no validity, and the court shall proceed to hear and determine the action upon its merits, and make the necessary orders therein, as if the same had been regularly brought to said court by appeal.

Read the full instrument → · Open the chapter this section belongs to: CHAPTER VII →

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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