EN BANC
[G.R. No. L-14382. November 29, 1960. ]
REMEDIOS CUENCO VDA. DE BORROMEO, Petitioner, v. THE COURT OF APPEALS and TOMAS L. BORROMEO, Respondents.
M.J. Cuenco, N.R. Pacquiao and J.C. Borromeo for Petitioner.
Crispin D. Baizas for Respondent.
SYLLABUS
1. NEW TRIAL; MOTION SUPPORTED BY AFFIDAVITS MAY BE DEEMED PETITION FOR RELIEF; ORDER DENYING THE SAME APPEALABLE. — A motion for new trial supported by affidavit may be deemed one filed under Rule 38 of the Rules of Court if the facts set for the therein as well as of the answer filed by other party so warrant. The order denying said motion is final and appealable.
2. APPEAL AND ERROR; ORDER DENYING PETITION FOR RELIEF; PERIOD WITHIN WHICH TO APPEAL. — The period for taking an appeal from a denial of a motion praying for the setting aside of a judgment or order rendered or entered against a party through fraud, accident, mistake, or excusable negligence is thirty days from the receipt of a copy of the order denying the motion.
2. APPEAL AND ERROR; ORDER DENYING PETITION FOR RELIEF; PERIOD WITHIN WHICH TO APPEAL. — The period for taking an appeal from a denial of a motion praying for the setting aside of a judgment or order rendered or entered against a party through fraud, accident, mistake, or excusable negligence is thirty days from the receipt of a copy of the order denying the motion.
D E C I S I O N
PADILLA, J.:
Appeal by certiorari under Rule 46 from a judgment of the Court of Appeals (C.A. — G.R. No. 22136-R).
Remedios Cuenco Borromeo, as administratrix of the estate of the late Teofilo Borromeo, brought an action against Tomas L. Borromeo in the Court of First Instance of Ceb
Remedios Cuenco Borromeo, as administratrix of the estate of the late Teofilo Borromeo, brought an action against Tomas L. Borromeo in the Court of First Instance of Ceb
