2. Relief from Judgment (Rule 38)

S. Remedies after Judgment Becomes Final

• Petition for Relief from Judgment – Rule 38
• Annulment of Judgment – Rule 47
• Collateral Attack on Judgments

> RULE 38 RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS Section 1. Petition for relief from judgment, order, or other proceedings. – When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside. (2a) Section 2. Petition for relief from denial of appeal. – When a judgment or final order is rendered by any court in a case, and a party thereto, by fraud, accident, mistake, or excusable negligence, has been prevented from taking an appeal, he may file a petition in such court and in the same case praying that the appeal be given due course. (1a) Section 3. Time for filing petition; contents and verification. – A petition provided for in either of the preceding sections of this Rule must be verified, filed within sixty (60) days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more than six (6) months after such judgment or final order was entered, or such proceeding was taken; and must be accompanied with affidavits showing the fraud, accident, mistake, or excusable negligence relied upon, and the facts constituting the petitioner’s good and substantial cause of action or defense, as the case may be. (3) Section 4. Order to file an answer. – If the petition is sufficient in form and substance to justify relief, the court in which it is filed, shall issue an order requiring the adverse parties to answer the same within fifteen (15) days from the receipt thereof. The order shall be served in such manner as the court may direct, together with copies of the petition and the accompanying affidavits. (4a) Section 5. Preliminary injunction pending proceedings. – The court in which the petition is filed, may grant such preliminary injunction as may be necessary for the preservation of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse party, conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits, he will pay the adverse party all damages and costs that may be awarded to him by reason of the issuance of such injunction or the other proceedings following the petition; but such injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon the property of the petitioner. (5a) Section 6. Proceedings after answer is filed. – After the filing of the answer or the expiration of the period therefor, the court shall hear the petition and if after such hearing, it finds that the allegations thereof are not true, the petition shall be dismissed; but if it finds said allegations to be true, it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. Thereafter the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. (6a) Section 7. Procedure where the denial of an appeal is set aside. – Where the denial of an appeal is set aside, the lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made. (7a)

> RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS Section 1. Coverage. – This Rule shall govern the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts 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. (n) Section 2. Grounds for annulment. – The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction. 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. (n) Section 3. Period for filing action. – If based on extrinsic fraud, the action must be filed within four (4) years from its discovery; and if based on lack of jurisdiction, before it is barred by laches or estoppel. (n) Section 4. Filing and contents of petition. – The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supporting the petitioner’s good and substantial cause of action or defense, as the case may be. The petition shall be filed in seven (7) clearly legible copies, together with sufficient copies corresponding to the number of respondents. A certified true copy of the judgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitioner. The petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same, and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. (n) Section 5. Action by the court. – Should the court find no substantial merit in the petition, the same may be dismissed outright with specific reasons for such dismissal. Should prima facie merit be found in the petition, the same shall be given due course and summons shall be served on the respondent. (n) Section 6. Procedure. – The procedure in ordinary civil cases shall be observed. Should a trial be necessary, the reception of the evidence may be referred to a member of the court or a judge of a Regional Trial Court. (n) Section 7. 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. (n) Section 8. Suspension of prescriptive period. – The prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment. However, the prescriptive period shall not be suspended where the extrinsic fraud is attributable to the plaintiff in the original action. (n) Section 9. Relief available. – The judgment of annulment may include the award of damages, attorney’s fees and other relief. If the questioned judgment or final order or resolution had already been executed, the court may issue such orders of restitution or other relief as justice and equity may warrant under the circumstances. (n) Section 10. Annulment of judgments or final orders of Municipal Trial Courts. – An action to annul a judgment or final order of a Municipal Trial Court shall be filed in the Regional Trial Court having jurisdiction over the former. It shall be treated as an ordinary civil action and sections 2, 3 4, 7, 8 and 9 of this Rule shall be applicable thereto. (n)

Grounds for availing of the remedy

A Petition for Relief may be filed based on the following grounds:

• When a judgment or final order is entered into, or any other proceeding is thereafter taken against the petitioner in any court through fraud, accident, mistake or inexcusable negligence; or
• When the petitioner has been prevented from taking an appeal by fraud, accident, mistake or inexcusable negligence.

Who May File

Petition for Relief from judgment is a remedy available ONLY to those PARTIES in the case.

This relief is only allowed in exceptional cases when there is NO OTHER AVAILABLE ADEQUATE REMEDY. Thus, when a party has other available remedies and he/she was not prevented by fraud, accident, mistake or excusable negligence from filing such motion or taking such appeal, such party CANNOT avail of this remedy.

A party who has filed a motion for new trial but which was denied, CANNOT file a petition for relief. These two remedies are to be EXCLUSIVE of each other. The remedy is to appeal from the judgment. (Francisco v. Puno, G.R. No. L-55694, 1981)

If a Motion for New Trial was available at the time that the Petition for Relief from Judgment was filed, the petition was premature (there was a more adequate remedy) (Gomez v. Montalban, G.R. No. 174414, 2008)

No Rule 38 can be filed in the CA (Redena v. CA)

Note: “any other proceeding taken thereafter” may include order of execution. (Cayetano v. Ceguerra, G.R. No. L-18831, 1965)

Relief Sought

A petition under Rule 38 must ask the court to set aside the judgment, final order, or proceeding, or to give the appeal due course.

Relief under Rule 38 may be sought in special civil actions and special proceedings, including land registration, intestate settlement, and guardianship proceedings. It is not available in summary proceedings. The cited Section 19 of the Revised Rules on Summary Procedure is outdated; the applicable expedited-procedure rules should be checked.

A petition for relief is not available against judgments, final orders, or proceedings of the Supreme Court. In Rule 38, “any court” refers to a Metropolitan Trial Court, Municipal Trial Court, or Regional Trial Court. (Sps. Mesina vs. Meer, G.R. No. 146845, 2002)

New trial or reconsideration under Rule 37

• The motion is available before the judgment becomes final and executory and concerns a judgment or final order.
• The grounds for a new trial are fraud, accident, mistake, or excusable negligence, or newly discovered evidence. Reconsideration has distinct grounds under Rule 37.
• The motion must be filed within the period for appeal and need not be verified.
• An order denying the motion is not appealable; the remedy is to appeal from the judgment.
• This is a legal remedy.

Petition for relief under Rule 38

• The petition is available after the judgment or final order becomes final and executory. It may address a judgment, final order, or other proceeding.
• Its grounds are fraud, accident, mistake, or excusable negligence.
• It must be filed within 60 days after the petitioner learns of the judgment, final order, or proceeding, and within six months after its entry or after the proceeding was taken.
• An order denying the petition is not appealable; the remedy is a special civil action under Rule 65.
• This is an equitable remedy, and the petition must be verified.

Time to file petition

The petition shall be filed within sixty (60) days after the petitioner learns of the judgment, final order or proceeding, and NOT more than six (6) months after such judgment or final order was entered, or such proceeding was taken. (Rule 38, Sec. 3)

Both periods are NOT extendible and never interrupted. These two periods must CONCUR. (Quelnan v. VHF Philippines, G.R. No. 138500, 2005)

Note: The alternative phrase “or such proceeding was taken” in Sec. 3, Rule 38 could be taken to mean other proceedings which are NOT to be entered, such as a writ of EXECUTION and an order approving a COMPROMISE AGREEMENT. In such cases, the period must have to commence from the date of occurrence because entry is either unnecessary or inconsequential. (Feria and Noche, Civil Procedure Annotated, Vol. 2, 2013 Ed., p. 120, citing Dirige v. Biranya, G.R. No. L-22033 (1996))

Petition for relief from a judgment based on a compromise must be filed not later than 6 months from the date it was rendered (not date of entry), since such judgment becomes final and executory immediately. (Republic v. Estenzo, G.R. No. L24656, 1968)

Note: A motion to dismiss the petition for relief may be filed on the ground of lack of jurisdiction, when the latter is filed beyond the reglamentary period. (Pacific Importing v. Tinio, G.R. No. L-2634, 1949)

Order to File Answer

If the petition is sufficient in form and substance, to justify relief, the court in which it is filed, shall issue an order requiring the adverse parties to answer the same within fifteen (15) days thereof. The court should NOT issue summons. (Rule 38, Sec. 4)

Note: If the petition is insufficient, as for example, no affidavit of merit is attached, the court may dismiss the petition outright. (Omandam v. Director of Lands, G.R. No. L-4301, 1954)

Failure to file answer does not warrant declaration of default.

Preliminary Injunction Pending Proceedings

Because a final and executory judgment is the subject of a petition for relief, the judgment may be subject to execution. A person who files a petition under Rule 38 may file a preliminary injunction to preserve the rights of the parties upon filing of a bond.

The bond is conditioned upon the payment to the adverse party of all damages and costs that may be awarded to such adverse party by reason of the issuance of the preliminary injunction.

Such injunction shall not discharge any lien which the adverse party may have acquired upon the property of the petitioner. (Rule 38, Sec. 5)

Proceedings after the Answer is Filed

After the filing of the answer or the expiration of the period to file the answer, the court shall hear the petition.

Thereafter, the court may either:

• Dismiss the petition if it finds that the allegations thereof are not true; or
• Set aside the judgment or final order or other proceeding if it finds the allegations to be true. The case shall then stand as if such judgment, final order or other proceeding had never been rendered, issued, or taken. The court shall hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. (Rule 38, Sec. 6)

Procedure Where the Denial of an Appeal is Set Aside

The lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made. (Rule 38, Sec. 7)

Petition for Relief

Under Rule 38, a petition for relief from judgment may be based on any of these grounds:

• Fraud;
• Accident;
• Mistake; or
• Excusable negligence.

After Judgment Becomes Final and Executory

File a:

• PETITION FOR RELIEF OF JUDGMENT under Rule 38 of the Rules of Court or
• ANNULMENT OF JUDGMENT under Rule 47.

Updated: Annulment under Rule 47 is available only when ordinary remedies, including a Rule 38 petition for relief, are no longer available through no fault of the petitioner (Sarol v. Spouses Diao, G.R. No. 244129, 9 December 2020).