3. Annulment of Judgment (Rule 47)

Grounds for Annulment

• Extrinsic fraud (Rule 47, Section 2)

One that prevents a party from having a trial or from presenting his/her entire case to the court, or where it operates upon matters pertaining not to the judgment itself but to the manner in which it is procured.

Extrinsic Fraud exists when there is a fraudulent act committed by a prevailing party outside of the trial of the case, where the defeated party was prevented from presenting fully his/her side of the case by deception practiced on him/her by the prevailing party.

Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief.

Extrinsic fraud will not be a valid ground if it was availed of, or could have been availed of in an MNT or a petition for relief from judgment

If person filing is not a party, Rule 38 (petition for relief from judgment) would not be available to him (must be a party), hence the proper remedy is a Rule 37 (Petition for Annulment of Judgment)

Note: The petition need not categorically state the exact words extrinsic fraud; rather, the allegations in the petition should be so crafted to easily point out the ground on which it was based. (Castigador vs. Nicolas, G.R. No. 184023, 2013)

• Lack of jurisdiction (Rule 47, Sec. 2)

Absolute lack of jurisdiction over the person of the defending party OR over the subject matter of the claim.

Note: In a petition for annulment of judgment based on lack of jurisdiction, petitioner must show not merely an abuse of jurisdictional discretion, but an ABSOLUTE lack of jurisdiction. (RP vs. Technological Advocates, G.R. No. 165333, 2010)

• Denial of due process

as recognized by jurisprudence. Where there is an unconstitutional deprivation of property without due process, or a party has not had his day in court (Intestate Estate of the Late Nimfa Sian v. Philippine National Bank, G.R. No. 168882, 2007; Sps. Benatiro vs. Heirs of Cuyos, G.R. No. 161220, 2008)

Specific rules on grounds:

If ground is extrinsic fraud – availability of MR/MNT/Petition for relief will be a bar to Rule 47

If ground is lack of jurisdiction – availability of an MR/MNT/Petition for relief will not be a bar to a Rule 47