Petition for relief from judgment is a post judgment remedy, a remedy that can be availed if there is already a finality. This remedy must be filed to a higher court. If the MTC rendered the judgment, the petition can be filed to the RTC. If the RTC rendered the judgment, the petition can be filed to CA.
Petition for relief from judgment is the remedy of the aggrieved party if the judgment becomes final and executory. If the judgment is taken through fraud, accident, mistake or excusable negligence.
If you are the owner, panalo ka na sa lower court pa lang kasi illegal settlers nga po sila. Sayo ang favorable judgment. If final na ang judgment, saka lang makaka gamit ng rule 38.