Rule 47

Question 1

Q: What are the grounds for annulment of judgments or final orders and resolution?

Answer 1

1. Extrinsic Fraud; and
2. Lack of Jurisdiction (Sec. 2, Rule 47)
3. Denial of due process (Diona vs.
   Balangue, 688 SCRA 22)

Question 2

Q: What is the period for filing the annulment?

Answer 2

A: If based on extrinsic fraud, the action must be filed within 4 years from its discovery. If based on lack of jurisdiction, the action must be brought before the action is barred by laches or estoppel. (Sec. 3, Rule 47)

Question 3

Q: What is the effect of judgment of annulment?

Answer 3

A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same nulland void without prejudice to the original action being refined in the proper court. However where the judgment or order or resolution is set aside in the ground of extrinsic fraud, the court may on motion order the trial court to try the case as if a timely motif for new trial had been granted,

Question 4

Does the CA have jurisdiction to annul decisions of quasi-judicial bodies such as the NLRC, DARAB etc?

Answer 4

NO.it is aremedy only available against final judgments and final orders rendered by either RTC in civil actions or MTC.

Question 5

Can a person not a party to the judgment file an action for annulment of judgment?

Answer 5

Yes, if he can prove that the judgment was obtained through fraud and collusion and that we would be affected thereby.

Question 6

Suppose the judgment had already been fully executed and implemented, can annulment of judgement still be filed?

Answer 6

Yes, the execution will also be annulled

Question 7

What are the reliefs available if the annulment of judgment is accepted?

Answer 7

1. award of damages
2. attorney’s fees
3. other reliefs

if the judgment is already executed
1. restitution
2. other relief as justice and equity may warrant

Question 8

Does the SC have authority to annul a judgment of the CA?

Answer 8

NO. Rule 47 only applies to petitions for nullification of judgments rendered by the RTC to the CA

Question 9

What are the contents of the petition for the annulment of judgment?

Answer 9

1. verified petition alleging the facts and law relied upon as basis for the annulment
2. certified true copy of the judgment or final order
3. affidavits of witnesses or documents supporting the cause of action
4. certificate of non-forum shopping