This case has been cited 1 times or more.
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2014-10-15 |
LEONEN, J. |
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| We do not lose sight of the admonitions that have been made in jurisprudence that, as a rule, courts should be liberal in setting aside orders of default and that default judgments are frowned upon.[39] Indeed, apart from a motion to lift order of default, other remedies are available to a defaulted defendant even after judgment has been rendered. Thus, if judgment had already been rendered but has not yet become final and executory, an appeal asserting that the judgment was contrary to the law or to the evidence,[40] or a motion for new trial under Rule 37, may be filed.[41] In the case of the latter, the same affidavits as are required in a motion to lift order of default must be attached.[42] If judgment has become final and executory, a defaulted defendant may file a petition for relief from judgment under Rule 38.[43] Still, should the defaulted defendant fail to file a petition for relief, a petition for annulment of judgment on the ground of lack of jurisdiction or extrinsic fraud remains available.[44] | |||||