RULE 47

Annulment of Judgments or Final Orders and Resolut ions

Rule 48
Preliminary Conference

Rule 49
Oral Argument

Reported by:
Natashja Erika P. Torres
III Arellano
MSU Law

RULE 47
Annulment of Judgments or Final Orders and Resolutions
Sec 1. This Rule shall govern the annulment by the CA of judgments or final orders and
resolution in civil actions of RTC for which the ordinary remedies of new trial, appeal,
petition for relief or other appropriate remedies are no loner available through no fault
of the petitioner.

What is the purpose of such action?

to have the final and executory judgment be set aside so that there will
be a renewal of litigation.

When is the action proper?

it is resorted to in case where the ordinary remedies of new trial,
appeal, petition, for relief from judgment, or other appropriate
remedies are no longer available through no fault of the petitioner.

When is the action not proper?

it cannot be invoked where the party has already availed of the
remedy of new trial, appeal, petition for relief or other appropriate
remedy and lost or where he has failed to avail of those remedies
through his own fault or negligence. (Republic v. G Holdings, Inc.,
475 SCRA 608, 617, 618)

Where to file the action?

The action is commenced by the filing of a verified petition with the proper court.

In the CA if the judgment sought to be annulled is ordered by the RTC. (Sec. 1, Rule 47)

In the RTC if the judgment sought to be annulled is ordered by the MTC. (Sec 10, Rule 47)

Grounds
Sec. 2 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.

Extrinsic Fraud
It is extrinsic where it prevents a party from having a trial or from presenting his entire case
to the court or where it operates upon matters pertaining not to the judgment itself but to
the manner it is procured. (Alaban v. CA, 470 SCRA 697, 708)
Extrinsic fraud exists when there is a fraudulent act committed by the prevailing party
outside of the trial of the case. (Alba v. CA, 465 SCRA 495, 508)

Intrinsic fraud is not sufficient to annul a judgment i.e. Forged instruments, perjured
testimonies during trial.

Lack of Jurisdiction
Refers to either lack of jurisdiction over the person of the defending party or
over the subject matter of the claim.

There must be absolute lack of jurisdiction and not a mere abuse of

discretion.(Republic v. G Holdings Inc., 475 SCRA 608, 617, 618)

Period of Filing
Sec 3. If based in extrinsic fraud, the action must be filed within 4 years from its
discovery; and if based in lack of jurisdiction, before it is barred by laches or
estoppel.

Filing and Contents of Petition

Sec. 4 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.

Who may file the action

The petitioner need not be a party to the judgment sought to be annulled to acquire
personality to file the action for annulment of judgment. What is essential is that he
can prove his allegation that the judgments was obtained by the use of fraud and
collusion, and that he was affected thereby. (Alaban v. CA, 470 SCRA 697, 708)

Procedure
Sec 5. 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.

Sec. 6 The procedure in ordinary civil case 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 RTC.

Effect of a judgment of annulment

Based on lack of jurisdiction - setting aside of the questioned judgment or final order
and rendering the same null and void without prejudice to the refiling of the original action
in the proper courts. (Sec 7, Rule 47)

Based on extrinsic fraud - the court, upon motion, may order the trial court to try the
case as if a motion for new trial was granted. (Sec 7, Rule 47)

Relief Available
Sec. 9 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.

Rule 48
Preliminary Conference
Sec. 1 At any time during the pendency of a case, the court may call the parties and
their counsel to a preliminary conference.
(a) To consider the possibility of an amicable settlement, except when the case is not
allowed by law to be compromised
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary exhibits, limit
the number of witnesses to be presented in cases falling within the original jurisdiction
of the court, or those within its appellate jurisdiction where a motion for new trial is
granted on the ground of newly discovered evidence; and
(d) To take up such other matters which may aid the court in the prompt disposition
of the case.

What is its binding effect?

Sec. 3 Subject to such modifications which may be made to prevent manifest
injustice, the resolution in the preceding section shall control the subsequent
proceedings in the case unless, within five (5) days from notice thereof, any
party shall satisfactorily show valid cause why the same should not be followed.

Rule 49
Oral Argument

When allowed?
At its own instance or upon motion of a party, the court may hear the parties oral
argument on the merits of a case, or any material incident therewith. (Sec. 1,
Rule 49)

What are the limitations?

Shall be limited to such matters as the court may specify in its order or resolution.
(Sec. 1, Rule 49)
Only one counsel may argue for a party, unless authorized by the court. (Sec2, Rule 49)
There shall be no hearing or oral argument for motions and unless otherwise the
court directs, there shall be no hearing allowed in support thereof.
The adverse party may file objections to the motion within 5 days from service,
upon the expiration of the 5 days such summon shall be deemed submitted for
resolution. (Sec 3, Rule 49)

END
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