Rule 47 -Annulment of judgments of Final Orders and Resolutions Flashcards
Rule 47 Section 1
This rule shall govern the annulment by the court of appeals of judgments or final orders and resolutions in civil actions of RTC, for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.
What are the grounds for annulment of judgment?
1) extrinsic fraud
2) lack of jurisdiction
When will an extrinsic fraud be considered as not a valid ground for annulment of judgment?
1) if it was availed of
2) could have been availed of, in a motion for new trial or petition for relief
Where can one file an annulment of judgment?
Court of Appeals
Distinguish Extrinsic Fraud from Intrinsic Fraud.
Extrinsic fraud is the kind of fraud which prevented the aggrieved party from having a trial or presenting his case to the court, or was used to procure the judgment without fair submission of the controversy.
Intrinsic fraud, on the other hand, refers to act of a party at the trial which prevented a fair and just determination of the case and which could have been litigated and determined at the trial or adjudication of the case, such as falsification, false testimony and so forth, and does not constitute a ground for new trial.
What is covered by the ground lack of jurisdiction?
1) lack of jurisdiction over the subject matter
2) lack of jurisdiction over the res
3) lack of jurisdiction over the person and denial of due process
What is the condition precedent of availing the remedy of annulment of judgment based on the ground of extrinsic fraud?
the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.
Who may avail the remedy?
Anyone who is not a party to the judgment may sue for its annulment provided he can prove that the same was obtained through fraud or collusion and that he would be adversely affected thereby.
Can such remedy be filed even if the judgment to be annulled had already been fully executed or implemented?
Yes.
Period for filing the action
1) 4 years for extrinsic fraud, from the discovery by petitioner
2) if it based on lack of jurisdiction, before it is barred by laches or estoppel
Effect of judgment
A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same null and void, without prejudice to the original action being refiled in the proper court. However, where the judgment or final order or resolution is set aside on the ground of extrinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein
