Text of the provision
Sec. 6. Proceedings after answer is filed. — After the filing of the answer or the expiration of the period therefor, the court shall hear the petition and if after such hearing, it finds that the allegations thereof are not true, the petition shall be dismissed; but if it finds said allegations to be true, it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. Thereafter the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 38, Section 6. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 6 of Rule 38 (Relief From Judgments, Orders, Or Other Proceedings) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 5 — Preliminary injunction pending proceedings.
- Section 7 — Procedure where the denial of an appeal is set aside.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.