WebOn October 11, 2006, De Pedro filed before the Court of Appeals a petition for annulment of the January 7, 2000 judgment of the Regional Trial Court 43 on grounds of lack of jurisdiction, litis pendentia, and for having been dispossessed of her property without due process. Citing Pantaleon v. WebRule 47, Section 3 then provides that an action for annulment of judgment, if based on extrinsic fraud, should be filed within four (4) years from discovery of the fraud, or if based on lack of jurisdiction, then before the action is barred by laches or estoppel. In the action for the nullity of his marriage with respondent, petitioner claims ...
G.R. No. 133913 - Lawphil
WebJan 20, 2014 · What is certain, for purposes of the application of Rule 47, is that mistake and gross negligence cannot be equated to the extrinsic fraud that Rule 47 requires to be the ground for an annulment of judgment. By its very nature, extrinsic fraud relates to a cause that is collateral in character, i.e., it relates to any fraudulent act of the ... WebQ: What are the grounds for annulment of judgment under Section 2? A: The grounds recognized by law for annulment of judgment are the only two (2): 1.) The judgment was secured through extrinsic fraud; or Extrinsic fraud should not be a valid ground if availed of, or could have been availed of, in a motion for new trial or petition for relief. 2.) the soft machine band members
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WebJan 20, 2014 · Extrinsic fraud, as a ground for the annulment of a judgment, must emanate from an act of the adverse party, and the fraud must be of such nature as to have deprived the petitioner of its day in court. The fraud is not extrinsic if the act was committed by the petitioner's own counsel. The Case WebAnnulment of judgment, as provided for in Section 2, Rule 47 of the 1997 Rules of Court, is based only on the grounds of extrinsic fraud and lack of jurisdiction. Thus: Sec. 2. Grounds for annulment. — The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction. WebFeb 1, 2024 · The plaintiff filed a petition for certiorari to annul judgment of the RTC with the CA, the petition prayed to annul the RTC ‘s judgment based on extrinsic fraud since the trial court did not act on its MR. Plaintiff moreover stated that the petition meant to cover both the MTC and RTC ruling. myrepublic sms roaming