1997 Rules on Civil Procedure 2001 Edition <draft copy. pls.

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Rule 47 ANNULMENT OF U!"MENT# OR F$NAL OR!ER# AN! RE#OLUT$ON#

Rule 47 Annulment of Judgments Or Final Orders and Resolutions

Rule 47 is an entirely new rule which governs the remedy of annulment of judgments or final orders or resolutions. We already met this remedy in judiciary law. The CA has original exclusive jurisdiction to annul final judgments and resolutions of the RTC. ( ection !" #$ %&!' o it is an entirely original action for annulment of judgment of the RTC. (ow" that should not )e confused with certiorari" *rohi)ition and mandamus which fall under the original concurrent jurisdiction of the CA. Rule 47 or annulment of judgment of the RTC falls within the exclusive original jurisdiction of the CA. Ta+e note that in an a**eal" the judgment a**ealed from is valid. #ut in annulment under Rule 47" the judgment is )eing as+ed to )e declared void. ,nder the *rior law there was no direct rule governing that remedy. The only guideline for annulment of judgments of the RTC are decided cases. (ow for the first time the %!!7 Rules have a definite rule on how to enforce this remedy. o let-s read ection % )ecause this is a remedy which has )een existing without definite guidelines on how to do it. #ect%o& '. Coverage. Th%s Rule shall (o)er& the a&&ul*e&t +y the ,ourt of Appeals of -ud(*e&ts or f%&al orders a&d resolut%o&s %& c%)%l act%o&s of Re(%o&al Tr%al ,ourts for .h%ch the ord%&ary re*ed%es of &e. tr%al/ appeal/ pet%t%o& for rel%ef or other appropr%ate re*ed%es are &o lo&(er a)a%la+le throu(h &o fault of the pet%t%o&er. 0&1 Well of course the remedy of new trial under Rule .7 must )e availed of )efore the judgment or order )ecomes final and executory. Also" the remedy of a**eal must also )e availed )efore the judgment or order )ecomes final and executory. /n *etition for relief under Rule .0" although the judgment or order is already final and executory" it must )e done still within 12 days and 1 months. 34 u**ose all the a)ovementioned remedies have la*sed" is there a remedy left5 A4 ection / says 67 . There is annulment of judgment )ut only on limited grounds. (ow what are the grounds for annulment of judgment5 ection &4 #ec. 2. Grounds for annulment. The a&&ul*e&t *ay +e +ased o&ly o& the (rou&ds of e3tr%&s%c fraud a&d lack of -ur%sd%ct%o&. E3tr%&s%c fraud shall &ot +e a )al%d (rou&d %f %t .as a)a%led of/ or could ha)e +ee& a)a%led of/ %& a *ot%o& for &e. tr%al or pet%t%o& for rel%ef. 0&1 34 What are the grounds for annulment of judgment under ection &5 A4 The grounds recogni8ed )y law for annulment of judgment are the only two (&'4 %.' The judgment was secured through extrinsic fraud9 or 7xtrinsic fraud should not )e a valid ground if availed of" or could have )een availed of" in a motion for new trial or *etition for relief. &.' The judgment is void for lac+ of jurisdiction. First Ground: EXTRINSIC FRAUD

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Rule 47 Annulment of Judgments Or Final Orders and Resolutions

34 :ow do we descri)e the remedy of annulment of judgment5 A4 Annulment of judgment is descri)ed )riefly as a remedy against a judgment which is already final and executory when the remedy of a**eal and new trial is already lost. $etition for relief under Rule .0 is a remedy against a final and executory judgment +aya lang merong deadline ; 1 months and 12 days. o after these *eriods la*se" wala na. a *etition for relief" a*at yon eh4 <raud" accident" mista+e and excusa)le negligence. /n annulment of judgment" wala na yung accident" mista+e and excusa)le negligence. #ut yung 7=TR/( /C <RA,> natira *a. That is the only one which can )e left )ehind under Rule 47. 34 (ow what is meant )y extrinsic fraud 5 A4 We already discussed this. <raud" to )e a ground for nullity of a judgment" must )e extrinsic ; that fraud done )y the adverse *arty which *revented a *arty from having a trial or from *resenting his case fully. Therefore" intrinsic fraud is not a ground for new trial. /t is not a ground for *etition for relief. And it is not a ground for annulment. /(TR/( /C <RA,> is that fraud which was an issue in the litigation such as *erjury" false testimony" concealment of evidentiary facts" )ut did not *revent you from *resenting your case. That is not a ground for annulment of judgment. o ta+e note of that *rinci*le. ,O#M$, LUM4ER ,OR5. vs. ,OURT OF A55EAL# 267 #,RA '78 9'::7; FA,T#4 Cosmic ?um)er owns a *iece of land occu*ied )y some s@uatters. (ow" Cosmic ?um)er executed a )oard resolution for a s*ecial *ower of attorney authori8ing an attorneyAinAfact to initiate" institute and file in any court action for the ejectment of the s@uatters from its *ro*erty. Then the agent )y virtue of the *ower of attorney" filed a case to recover a *ortion of this *ro*erty from its occu*ants )efore the RTC. While the case was going on" the agent (the attorneyAinA fact' entered into a com*romise agreement with the s@uatters. /n the com*romise agreement" the attorneyAinAfact sold the *ro*erty or land to the s@uatter for only $&1"222. And the com*romise agreement was a**roved )y the court and it )ecame final and executory. (ow it was several years later that the Cosmic ?um)er heard a)out it. The Cosmic ?um)er filed an action to annul the judgment )efore the CA on the ground of extrinsic fraud. The ,A4 The case will )e dismissed )ecause that is not one of the grounds for annulment of judgment )ecause the alleged nullity of the com*romise judgment" )ecause *etitioner-s attorneyAinAfact was not authori8ed to sell the *ro*erty. That does not amount to extrinsic fraud. That was fraud )y your own re*resentative" it is not fraud )y the other *arty. The one who exercised fraud was your own attorneyAinAfact" not the s@uatter. o +aya nga that is not a ground. The CA dismissed the action. o Cosmic ?um)er went to the C. <EL!4 BThe *etition to annul the decision of the trial court in civil case )efore the CA was *ro*er. 7manating as it did from a void com*romise agreement" the trial court had no jurisdiction to render a judgment )ased thereon.C o there is another ground ; lac+ of jurisdiction. BThe highly re*rehensi)le conduct of attorneyAinAfact in the civil case constituted an extrinsic or collateral fraud )y reason of which the judgment rendered thereon should have )een struc+ down. (ot all the legal semantics in the world can )ecloud the unassaila)le fact that *etitioner was deceived and )etrayed )y its attorneyAinAfact. The latter deli)erately concealed from *etitioner" her *rinci*al" that a com*romise agreement had )een forged with the end result that a *ortion of *etitioner-s *ro*erty was sold literally for a song" for $&1"222. Thus com*letely +e*t unaware of its agent-s artifice" *etitioner was not accorded even a fighting chance to re*udiate the settlement so much so that the judgment )ased thereon )ecame final and executory.C B<or sure" the CA restricted the conce*t of fraudulent acts within too narrow limits. <raud may assume different sha*es and )e committed in as many different ways and here lies the danger of

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Rule 47 Annulment of Judgments Or Final Orders and Resolutions

attem*ting to define fraud. <or man in his ingenuity and fertile imagination will always contrive new schemes to fool the unwary.C o fraud )y your attorneyAinAfact is also considered as a ground for annulment. Se ond Ground: !UDG"ENT IS #$ID /f we follow juris*rudence" there is a third ground which is im*lied4 ?ACD E< >,7 $REC7 lac+ of due *rocess there is also lac+ of jurisdiction. 34 :ow do you attac+ a judgment which is void5 A4 /t de*ends4 a.' when the judgment is null and void on its very face" the judgment may )e attac+ed4 %.' >/R7CT?69 or &.' CE??AT7RA??69 ).' when the nullity is not a**arent on the face of the judgment" the judgment can )e attac+ed only )e >/R7CT?6 attac+ed. 34 What is a CE??AT7RA? ATTACD5 A4 Feaning" there is no need for me to file a case )ut / can invo+e its nullity anytime )ecause a judgment which is void on its very face can )e attac+ed at anytime" in any manner anywhere. 7=AF$?7 of Collateral attac+4 6ou are moving to execute a judgment. / will o**ose the execution on the ground that the judgment is void. That is collateral attac+. /-m just saying that the judgment cannot )e enforced )ecause it is null and void. #ut / never filed a direct action to declare its nullity. That can )e done if the judgment is void on its very face. 34 What is a >/R7CT ATTACD5 A4 #y direct attac+ means you must file an action to declare its nullity. annulment. o there must )e a case for its . When there is

Again" when the judgment is null and void on its face" (%' you may file a direct action to annul it under Rule 47. Er" (&' it can also )e attac+ed collaterally" a direct attac+ is not necessary. A collateral attac+ will suffice. 7=AF$?74 RTC decided a forci)le entry. #y sim*ly reading the decision" o)viously the RTC has no jurisdiction. Therefore" / can attac+ it directly )y filing a case for its annulment under Rule 47. ER" / will not file a case under Rule 47 )ut / will attac+ it collaterally. Feaning" )ayaan +o lang. / will raise that issue during execution. /f you move for execution" / can o**ose" %&ou annot e'e ute (e ause t)e RTC )as no *urisdi tion over t)e ase. T)erefore t)e *udgment is void.+ o it is not necessary to file a case to declare the decision as null and void. That is collateral attac+. #ut if the judgment is not void on its face )ut the nullity is intrinsic or na+atago ; not o)vious )a ; the rule is" you must file a direct action for its annulment which must )e done )efore the action is )arred )y laches or esto**el. o it is necessary to file a case for annulment of judgment under Rule 47. Well of course" certiorari under Rule 1G is also a ground for attac+ing a judgment )ut the trou)le is you are limited to . grounds4 ?ac+ of jurisdiction" excess of jurisdiction and grave a)use of discretion. Walang extrinsic fraud. That is governed )y Rule 1G and not )y Rule 47. And under Rule 1G" you can avail of certiorari only within 12 days. #ut if you want annulment" it could )e longer under Rule 47. That is under section .. That could )e a )ig difference.

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Rule 47 Annulment of Judgments Or Final Orders and Resolutions

Foreover" what do you attac+ in certiorari5 (ormally" interlocutory orders eh. #ut a final judgment can )e attac+ed )y annulment under Rule 47. (ow" those remedies were summari8ed in the case of 4A=O" vs. NAT$NO 268 #,RA >78 9'::7; <EL!4 /t is a settled rule that a final and executory judgment may )e set aside in three (.' ways. To wit4 %. #y *etition for relief from judgment under Rule .09 &. When the judgment is void for want of jurisdiction" )y direct attac+" )y certiorari" annulment of judgment or )y collateral attac+9 and .. When the judgment was o)tained )y fraud and Rule .0 cannot )e a**lied anymore. o those are the summary of the remedies. $#LAM$, !A?AO ,OUN#EL vs. ,OURT OF A55EAL# '78 #,RA '78 $##UE @'4 Can a *erson" who is not a *arty to the judgment" file an action for annulment of judgment5 <EL!4 A *erson who is not a *art of the judgment may sue for its annulment $REH/>7> that he can *rove I%J that the judgment was o)tained through fraud and collusion and I&J that he would )e adversely affected there)y. $##UE @24 u**ose the judgment had already )een fully executed and im*lemented" can you still file a case for annulment of judgment5 <EL!4 67 . We will also annul the execution. /f there is no execution yet" the *ro*er remedy normally is you file an action for annulment and as+ for the issuance of a writ of *reliminary injunction so that it will not )e enforced. $ero +ung naAenforced na *wede *a man din )a. ,FFAR64 $ossi)le remedies of defendant declared in >7<A,?T4 %.' &.' ..' 4.' G.' 1.' Rule !" ection . I)J ; Fotion to lift Erder of >efault" there is still no judgment9 ground4 <AF79 Rule .7 ; Fotion for new trial" judgment not yet final9 Kround4 <AF79 Rule .0 ; $etition for relief within 12 days and 1 months" judgment is already final9 ground4 <AF79 Rule 4% ; A**eal within %G days9 ground4 >efault judgment is contrary to law or evidence9 Rule 47 ; Annulment of judgment9 Kround4 7xtrinsic <raud9 Rule 1G ; Certiorari9 ground4 ?ac+ or excess of jurisdiction or grave a)use of discretion

34 What is the *eriod to file an action for annulment on the ground of extrinsic fraud5 A4 ection .4 #ec. >. ,eriod for filing a tion. $f +ased o& e3tr%&s%c fraud/ the act%o& *ust +e f%led .%th%& four 041 years fro* %ts d%sco)eryA a&d %f +ased o& lack of -ur%sd%ct%o&/ +efore %t %s +arred +y laches or estoppel. 0&1 This is )ased on decided cases. /f your ground is extrinsic fraud" the action is filed within four (4' years from its discovery. (ow" if it is )ased on lac+ of jurisdiction" )efore it is )arred )y laches or esto**el. That is very elastic ; laches or esto**el. Although if you loo+ at the strict law )ased on Article %%44 of the (ew Civil Code" the *rescri*tive *eriod really is %2 years for any action on judgment. That is the strict law )ut it could )e )arred earlier )y laches or esto**el.

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(ow as to the contents of the *etition" we have ection 44

Rule 47 Annulment of Judgments Or Final Orders and Resolutions

#ec. 4. Filing and ontents of -etition. The act%o& shall +e co**e&ced +y f%l%&( a )er%f%ed pet%t%o& alle(%&( there%& .%th part%cular%ty the facts a&d the la. rel%ed upo& for a&&ul*e&t/ as .ell as those support%&( the pet%t%o&erBs (ood a&d su+sta&t%al cause of act%o& or defe&se/ as the case *ay +e. The pet%t%o& shall +e f%led %& se)e& 071 clearly le(%+le cop%es/ to(ether .%th suff%c%e&t cop%es correspo&d%&( to the &u*+er of respo&de&ts. A cert%f%ed true copy of the -ud(*e&t or f%&al order or resolut%o& shall +e attached to the or%(%&al copy of the pet%t%o& %&te&ded for the court a&d %&d%cated as such +y the pet%t%o&er. The pet%t%o&er shall also su+*%t to(ether .%th the pet%t%o& aff%da)%ts of .%t&esses or docu*e&ts support%&( the cause of act%o& or defe&se a&d a s.or& cert%f%cat%o& that he has &ot theretofore co**e&ced a&y other act%o& %&)ol)%&( the sa*e %ssues %& the #upre*e ,ourt/ the ,ourt of Appeals or d%ffere&t d%)%s%o&s thereof/ or a&y other tr%+u&al or a(e&cyA %f there %s such other act%o& or proceed%&(/ he *ust state the status of the sa*e/ a&d %f he should thereafter lear& that a s%*%lar act%o& or proceed%&( has +ee& f%led or %s pe&d%&( +efore the #upre*e ,ourt/ the ,ourt of Appeals/ or d%ffere&t d%)%s%o&s thereof/ or a&y other tr%+u&al or a(e&cy/ he u&dertakes to pro*ptly %&for* the aforesa%d courts a&d other tr%+u&al or a(e&cy thereof .%th%& f%)e 061 days therefro*.0&1 Ta+e note that yung mga affidavits of your witnesses or documents su**orting your cause of action must )e attached already. 6ou correlate this with Rule .7" ection & on new trial and Rule .0" ection . on *etition for relief. What does Rule .7" ection & and Rule .0" ection . say a)out motion for new trial or *etition for relief5 There is also an A<</>AH/T E< F7R/T showing the nature of the fraud" accident and the meritorious cause of action or defense. o more or less that *rinci*le also a**lies in Rule 47. #ec. 6. A tion (. t)e ourt. #hould the court f%&d &o su+sta&t%al *er%t %& the pet%t%o&/ the sa*e *ay +e d%s*%ssed outr%(ht .%th spec%f%c reaso&s for such d%s*%ssal. #hould pr%*a fac%e *er%t +e fou&d %& the pet%t%o&/ the sa*e shall +e (%)e& due course a&d su**o&s shall +e ser)ed o& the respo&de&t. 0&1 ,nder ection G" the court may dismiss outright the *etition if there is no merit or no su)stantial merit. /f there is" then the same shall )e given due course and summons shall )e served on the res*ondent. Ta+e note there will )e ,FFE( here. ,nli+e in Rule 41" walang summons yon. #ut here" there will )e summons )y the CA. That is the difference )etween Rule 47 and Rule 41. #ec. 7. ,ro edure. The procedure %& ord%&ary c%)%l cases shall +e o+ser)ed. #hould a tr%al +e &ecessary/ the recept%o& of the e)%de&ce *ay +e referred to a *e*+er of the court or a -ud(e of a Re(%o&al Tr%al ,ourt. 0&1 34 What ha**ens if the judgment is annulled5 Can the *laintiff reAfile the case5 A4 67 " )ecause it is as if there was no judgment. ection 74 #ec. 7. Effe t of *udgment. A -ud(*e&t of a&&ul*e&t shall set as%de the Cuest%o&ed -ud(*e&t or f%&al order or resolut%o& a&d re&der the sa*e &ull a&d )o%d/ .%thout pre-ud%ce to the or%(%&al act%o& +e%&( ref%led %& the proper court. <o.e)er/ .here the -ud(*e&t or f%&al order or resolut%o& %s set as%de o& the (rou&d of e3tr%&s%c fraud/ the court *ay o& *ot%o& order the tr%al court to try the case as %f a t%*ely *ot%o& for &e. tr%al had +ee& (ra&ted there%&. 0&1

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Rule 47 Annulment of Judgments Or Final Orders and Resolutions

o if the judgment is set aside on the ground of extrinsic fraud" the action can )e reAfiled. The court may" on motion" order the trial court to try the case as if a timely motions for the trial had )een granted therein. That is similar to Rule .0" ection 1. Remem)er when the court grants a *etition for relief" the case will )e tried all over again as if a timely motion for new trial has )een filed. 34 What ha**ens if )y the time you reAfile the case the *rescri*tive *eriod has already la*sed5 A4 As a general rule" while the action for annulment is *ending" the *rescri*tive *eriod for filing is interru*ted. That is ection 04 #ec. 8. Sus-ension of -res ri-tive -eriod. The prescr%pt%)e per%od for the ref%l%&( of the aforesa%d or%(%&al act%o& shall +e dee*ed suspe&ded fro* the f%l%&( of such or%(%&al act%o& u&t%l the f%&al%ty of the -ud(*e&t of a&&ul*e&t. <o.e)er/ the prescr%pt%)e per%od shall &ot +e suspe&ded .here the e3tr%&s%c fraud %s attr%+uta+le to the pla%&t%ff %& the or%(%&al act%o&. 0&1 34 What ha**ens if a judgment is annulled and it was earlier executed5 A4 ection !4 #ec. :. Relief availa(le. The -ud(*e&t of a&&ul*e&t *ay %&clude the a.ard of da*a(es/ attor&eyBs fees a&d other rel%ef. $f the Cuest%o&ed -ud(*e&t or f%&al order or resolut%o& had already +ee& e3ecuted/ the court *ay %ssue such orders of rest%tut%o& or other rel%ef as -ust%ce a&d eCu%ty *ay .arra&t u&der the c%rcu*sta&ces. 0&1 ,nder ection !" the court may issue order of restitution or other reliefs as justice and e@uity may warrant. That is similar to Rule .!" ection G ; in case of execution *ending a**eal and the a**ealed judgment is reversed" the court will now order mutual restitution *ursuant to Rule .!" ection G. #ec. 'D. Annulment of *udgments or final orders of "uni i-al Trial Courts. A& act%o& to a&&ul a -ud(*e&t or f%&al order of a Mu&%c%pal Tr%al ,ourt shall +e f%led %& the Re(%o&al Tr%al ,ourt ha)%&( -ur%sd%ct%o& o)er the for*er. $t shall +e treated as a& ord%&ary c%)%l act%o& a&d sect%o&s 2/ >/ 4/ 7/ 8 a&d : of th%s Rule shall +e appl%ca+le thereto. 0&1 / have always maintained this view. As / said" if we will loo+ at the judiciary law" it only mentions annulment of judgments of Regional Trial Courts which should )e filed in the CA (exclusive original'. And the 3,7 T/E( is as+ed: %"eron (ang a tion for annulment of *udgments of "TC/+ 6aannL Answer4 67 . Dung merong annulment of judgment of the RTC" )y im*lication" meron din ang FTC. 6ou cannot file it in the CA. 6ou file it in the RTC. Annulment of judgment of the FTC will fall under the rule on jurisdiction of the RTC 0 an. a tion 1)i ) does not (elong to t)e *urisdi tion of an. ot)er ourts ( ection %! I1J" #$ %&!' or" an a tion t)e su(*e t matter of 1)i ) is in a-a(le of -e uniar. estimation ( ection %! I%J" #$ %&!' That would )e the authority. (ow it-s very clear" meron talaga. /t is now stated categorically there is an action for annulment of judgment also of the FTC. /t must )e filed in the RTC having jurisdiction over the FTC. The grounds are identical as those found in the *revious section. o this is an entirely new section. AoEoA

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