G.R. No. 34335 ; January 26, 1931
EFREN A. ANTONIO, administrator of the estate of the deceased Lim Heh Chio, petitioner, vs. WISE and COMPANY, INC., and PEDRO CONCEPCION, Judge of First Instance of Manila, respondents.

FACTS

Wise and Company filed a collection suit against Lim Heh Chio and others. Summons was served by publication for Lim Heh Chio, as his whereabouts were unknown and there was a rumor of his death. A default judgment was rendered, and properties were levied and sold at execution to Wise and Company. The heirs of Lim Heh Chio made unsuccessful attempts to recover the properties. Later, Efren A. Antonio was appointed administrator of Lim Heh Chio’s estate and filed this petition for relief from judgment under Section 513 of the Code of Civil Procedure.

ISSUE

Whether the petition for relief from judgment filed by the administrator is timely under Section 513 of the Code of Civil Procedure, which requires filing within sixty days from first knowledge of the judgment.

RULING

No. The petition is barred. The heirs, as the real parties in interest, had known of the judgment for several years, far beyond the sixty-day period. The appointment of an administrator does not reset the period; the administrator is merely the heirs’ representative for this purpose. Allowing such a tactic would permit endless litigation. The petition is denied.

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