REMEDIES WHEN A PARTY IS DECLARED IN DEFAULT:

It is well-settled that a defendant who has been declared in default has the following remedies, to wit: he may, at any time after discovery of the default but before judgment, file a motion, under oath, to set aside the order of default on the ground that his failure to answer was due to fraud, accident, mistake or excusable neglect, and that he has a meritorious defense; if judgment has already been rendered when he discovered the default, but before the same has become final and executory, he may file a motion for new trial under Section 1(a) of Rule 37; if he discovered the default after the judgment has become final and xecutor, he may file a petition for relief under Section 2 of Rule 38; and he may also appeal from the judgment rendered against him as contrary to the evidence or to the law, even if no petition to set aside the order of default has been presented by him. Thus, respondent, which had been declared in default, may file a notice of appeal and question the validity of the trial court’s judgment without being considered to have submitted to the trial court’s authority (B.D. LONGSPAN BUILDERS, INC. vs. R.S. AMPELOQUIO REALTY DEVELOPMENT, INC. G.R. No. 169919, September 11, 2009, First Division, Carpio, J.).