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Original Cases One which was made by Copy of the decision,
the proper clerk of court judgement, resolution or
of his duly authorized order which is intended
Section 1. Title of cases. — In all cases representative for and furnished to a
originally filed in the Court of Appeals, party in the case or
Petitioner- the party instituting the action proceeding in the court
Respondent- opposing party or adjudicative body
which rendered and
issued the same
Section 2. To what actions applicable. —
Must further comply with Must be duly signed or
all the regulations initialed by the
This Rule shall apply to original actions for therefore of the issuing authorities or the
a. Certiorari entity and it is the corresponding officer or
b. Prohibition authenticated original of representative of the
c. Mandamus such certified true copy, issuing entity as herein
d. Quo warranto and not a mere xerox before specified
copy thereof, which shall
Note: Petitions for habeas corpus are excluded, being be utilized as an annex
governed by the rules on special proceedings and Sec. to the petition or other
3, Rule 41. pleading
Failure to comply with the foregoing NOTE: The reception of evidence may be delegated to
requirements shall not be curable by mere a member of the CA or judge of a lower court, who is
amendment of the complaint or other initiatory not the public respondent.
pleading but shall be cause for the dismissal
of the case without prejudice, unless
otherwise provided upon motion and after Section 7. Effect of failure to file comment. —
hearing.
When no comment is filed by any of the respondents,
The submission of a false certification or non- the case may be decided on the basis of the record,
compliance with any of the undertakings without prejudice to any disciplinary action which the
therein shall constitute indirect contempt of court may take against the disobedient party. (n)
court without prejudice to the corresponding
administrative and criminal actions.
The procedure in original cases in CA may be outlined
as follows:
j. The petitioner shall pay the corresponding docket
and other lawful fees to the clerk of court and 1. Filing of petition
deposit the amount of P500.00 for costs at the time
of the filing of the petition. 2. Order to acquire jurisdiction over respondents
May be availed of though the judgement has 2. Where he has failed to avail himself of those
been executed remedies through his own fault or negligence.
[Republic v. ‘G’ Holdings, Inc., G.R. No.
The purpose is to have the final and executory 141241 (2005)]
judgment set aside so that there will be a
renewal of litigation. It is resorted to in cases It is a condition sine qua non that one must have
where the ordinary remedies of new trial, failed to avail of those remedies, through no fault
appeal, petition for relief from judgment, or other attributable to him. Otherwise, he would benefit
appropriate remedies are no longer available from his own inaction or negligence. [Republic v.
through no fault of the petitioner,[43] and is De Castro, G.R. No. 189724 (2011)]
based on only two grounds: extrinsic fraud, and
lack of jurisdiction or denial of due process. (1) It is settled that the negligence and mistakes of the
[Alaban v. CA, G.R. No. 156021 (2005)] counsel are binding on the client. It is only in cases
involving gross or palpable negligence of the counsel
Like a petition for relief, Annulment of judgment or where the interests of justice so require, when relief
is a recourse equitable in character, allowed is accorded to a client who has suffered thereby.
only in exceptional cases as where there is no Furthermore, for a claim of a counsel's gross
available or other adequate remedy. (Ramos negligence to prosper, nothing short of clear
vs. Combong, G.R. No. 144273, October 20, abandonment of the client's cause must be shown and
2005) it should not be accompanied by the client's own
negligence or malice. It is a correlative duty of clients
Annulment of Action for reconveyance to be in contact with their counsel from time to time to
Judgement inform themselves of the status of their case especially,
Order for the purpose of Legal and equitable when what is at stake is their liberty. Hence, diligence
securing the remedy given to the is required not only from lawyers but also from their
preservation of its title rightful owner of the land clients. As such, the failure of the lawyer to
and the vindication of its which has been communicate with his clients for nearly three years and
right to the disputed wrongfully or to inform them about the status of their case, does not
property. Working in its erroneously registered amount to abandonment that qualifies as gross
favor are the available in the name of another negligence. If at all, the omission is only an act of
twin grounds of due for the purpose of simple negligence, and not gross negligence that
process violation and compelling the latter to would warrant the annulment of the proceedings below.
extrinsic fraud. This transfer or reconvey the (Resurreccion v. People, GR No. 192866, 07/09/2014).
includes fruits of the land to him
questioned order (2) The general rule is that a final and executory
although their judgment can no longer be disturbed, altered, or
nullification was not modified in any respect, and that nothing further can be
sought in the petition. done but to execute it. A final and executory decision
Hi Tone Marketing v. Baikal Realty G.R. No. may, however, be invalidated via a Petition for Relief or
149992; August 20, 2004 a Petition to Annul the same under Rules 38 or 47,
respectively, of the Rules of Court. Rule 47 of the Rules
B. WHO CAN FILE of Court is a remedy granted only under exceptional
circumstances where a party, without fault on his part,
Petitioner need not be a party to the judgment has failed to avail of the ordinary remedies of new trial,
sought to be annulled. A person who is not a appeal, petition for relief or other appropriate remedies.
party to the judgment may sue for its The same petition is not available as a substitute for a
annulment provided that he can prove the remedy which was lost due to the party‘s own neglect
same was obtained through fraud or in promptly availing of the same. There is here no
attempted substitution; annulment of judgment is the
only remedy available to petitioner. Requisite elements The use of forged instruments or perjured
for the filing of a petition for annulment of judgment on testimonies during trial is not an extrinsic fraud.
the grounds of extrinsic fraud, lack of jurisdiction, and Such evidence does not preclude a party’s
want of due process, are present in this case All the participation in the trial (Bobis v. CA, G.R. 113796;
requisite elements for the filing of a petition for December 14, 2000)
annulment of judgment on the grounds of extrinsic
fraud, lack of jurisdiction, and want of due process, are Extraneous evidence is admitted
present in this case. (Genato Investments, Inc. v.
Barre-Toss, GR No. 207443, 07/23/2014). Extrinsic fraud shall not be a valid ground if it was
availed of, or could have been availed of, in a
(3) 1999 Bar: A filed a complaint for the recovery of motion for new trial or petition for relief. (n)
ownership of land against B who was represented by
her counsel X. in the course of the trial, B died. Petitioner must allege that and that the ordinary
However, X failed to notify the court of B‘s death. The remedies of new trial, appeal, petition for relief or
court proceeded to hear the case and rendered other appropriate remedies are no longer available
judgment against B. After the judgment became final, through no fault of the petitioner, otherwise the
a writ of execution was issued against C, who being B‘s petition will be dismissed.
sole heir, acquired the property.
If you were the counsel of C, what course of action 2. LACK OF JURISDICTION
would you take?
Answer: As counsel of C, I would move to set aside the Either lack of jurisdiction over the person of
writ of execution and the judgment for lack of the defending party, or over the subject matter
jurisdiction and lack of due process I the same court of the claim
because the judgment is void. If X had notified the court
of B‘s death, the court would have ordered the Petitioner must show absolute lack of
substitution of the deceased by C, the sole heir of B jurisdiction and not mere abuse of judicial
(Rule 3, Section 16). The court acquired no jurisdiction discretion; a claim of grave abuse of
over C upon whom the trial and the judgment are not discretion will support a petition for certiorari
binding (Lawas v. Court of Appeals, 146 SCRA 173). but not an action for annulment of judgment.
I would also file an action to annul the judgment for lack
of jurisdiction because C, as the successor of B, was Only evidence found in the record can justify
deprived of due process and should have been heard nullity
before judgment.
The defense of lack of jurisdiction may be
Important Condition For The Availment Of This barred by estoppel by laches, which is that
Remedy:
failure to do something which should be done
or to claim or enforce a right at a proper time.
Petitioner failed to move for new trial in or appeal
from, or file a petition for relief against o take other
appropriate remedies assailing the questioned NOTE: Jurisdiction over the subject matter is conferred
judgement or final order or resolution through no upon the courts exclusively by law, and as the lack of it
fault attributable to him affects the very authority of the court to take
cognizance of the case, the objection may be raised at
If he failed to avail of those other remedies without any stage of the proceedings.
sufficient justification, he cannot resort to
annulment provided in this rule, otherwise he However, considering the facts and circumstances of
would benefit from his own inaction or negligence. the present case — a party may be barred by laches
from invoking this plea at this late hour for the purpose
NOTE: of annuling everything done heretofore in the case with
its active participation.
1. It does not apply to judgements rendered by
quasi- judicial bodies.
The petitioner must show not a mere grave abuse of
2. It does not apply also to orders of the discretion but an absolute lack of jurisdiction (Republic
Ombudsman in administrative cases whose v. G Holdings G.R.No. 141241; November 22, 2005)
decisions or orders may be appealed to CA
under Rule 43 (Macalalag v. Ombudsman,GR A claim for grave abuse of discretion will support a
No. 147995,March 5, 2004) petition for certiorari under Rule 65 but it will not
support an action for annulment of judgement.
(Riano,486)
Extrinsic Fraud Lack of Should the court find no substantial merit in the
Jurisdiction petition, the same may be dismissed outright with
Period of filing Within four (4) Before it is specific reasons for such dismissal.
action years from its barred by
discovery laches or Should prima facie merit be found in the petition,
estoppel. (n) the same shall be given due course and summons
shall be served on the respondent. (n)
Effect of Court may on Set aside the
judgement motion order questioned
the trial court to judgement and Two stages in the disposition of the petition:
try the case as render the
if a timely MNT same null and 1. A preliminary evaluation of the petition for prima
had been void, without facie merit [Sec. 5]
granted prejudice to the
original action The rule allows the CA to dismiss the petition
being re-filed in outright as in special civil actions
the proper
court If prima facie merit is found, petition is given
due course and summons is served on
There must be a manifest showing with petition respondent
that it was filed within the 4-yr period.
2. If prima facie merit is found, petition is given due
The rule does not fix the period to annul judgment course and issuance of summons as in ordinary
based on lack of jurisdiction but recognizes the civil cases is made [Sec. 6]
principle of estoppel as first laid down by Tijam v.
Sibanghanoy [G.R. No. L-21450 (1968)]. Procedure in ordinary civil cases is observed
(1) The same shall be set aside and considered null The validity of a judgment or order of the court, which
and void has become final and executory, may be attacked in
three ways:
(2) On motion of the prevailing party on justifiable
grounds, he may be allowed to no longer refile the (1) By a direct action or proceeding to annul the same
action; instead, the trial court which rendered the
questioned judgment shall be ordered to try the case • A direct attack against the order or judgment because
anew it is not incidental to, but is the main object of, the
proceeding
Section 8. Suspension prescriptive period. — • To annul and enjoin enforcement of the judgment,
where the alleged defect is not apparent on its face or
The prescriptive period for the refiling of the aforesaid from the recitals contained in the judgment
original action shall be deemed suspended from the
filing of such original action until the finality of the • See Rule 47
judgment of annulment.
(2) By direct action, as certiorari, or by collateral attack
However, the prescriptive period shall not be in case of apparent nullity
suspended where the extrinsic-fraud is attributable to
the plaintiff in the original action. (n) • The collateral attack must be against a challenged
judgment which is void upon its face or that the nullity
of the judgment is apparent from its own recitals
The judgment of annulment may include the award of • This third manner of attacking must be taken in the
damages, attorney's fees and other relief. same action or proceeding in which the judgment or
order was entered
If the questioned judgment or final order or resolution
had already been executed the court may issue such VOID JUDGMENT
orders of restitution or other relief as justice and equity
may warrant under the circumstances. (n) A void judgment is no judgment at all. It cannot be the
source of any right nor the creator of any obligation. All
acts performed pursuant to it and all claims emanating
Section 10. Annulment of judgments or final from it have no legal effect. Hence, it can never
orders of Municipal Trial Courts. — become final and any writ of execution based on it is
void. [Polystyrene Manufacturing v. Privatization
An action to annul a judgment or final order of a Management, G.R. No. 171336 (2007)]
Municipal Trial Court shall be filed in the Regional Trial
Court having jurisdiction over the former. A void judgment may be likened to a lawless thing
which can be treated as an outlaw and slain at sight, or
It shall be treated as an ordinary civil action and ignored wherever and whenever it rears its head.
sections 2, 3, 4, 7, 8 and 9 of this Rule shall be [Banco Espanol- Filipino v. Palanca, G.R. No. L-11390
applicable thereto. (n) (1918)]
Jurisprudential Basis
Preliminary Conference (1) Not later than 30 days after the last answer is filed,
a preliminary conference shall be held. The rules on
NATURE: pre-trial in ordinary cases shall be applicable to the
preliminary conference unless inconsistent with the
Preliminary Conference before the appellate provisions of the Rule.
court is not mandatory. Its calling is within
the discretion of said court. The failure of the plaintiff to appear in the preliminary
conference shall be cause for the dismissal of his
To simplify the issues and determine the complaint. The defendant who appears in the absence
possibility of obtaining stipulations and of the plaintiff shall be entitled to judgment on his
admissions from the parties. counterclaim in accordance with Section 6. All cross-
claims shall be dismissed.
Section 1. Preliminary conference. — If a sole defendant shall fail to appear, the plaintiff shall
be entitled to judgment in accordance with Sec. 6. The
At any time during the pendency of a case, the court Rule shall not apply where one of two or more
may call the parties and their counsel to a preliminary defendants sued under a common cause of action who
conference. had pleaded a common defense shall appear at the
preliminary conference (Sec. 7).
(a) To consider the possibility of an amicable
settlement, except when the case is not allowed by law (2) If the extension for the filing of pleadings cannot be
to be compromised allowed, it is illogical and incongruous to admit a
pleading that is already filed late. To admit a late
(b) To define, simplify and clarify the issues for answer is to put a premium on dilatory measures, the
determination; very mischief that the Rules seek to redress (Tereña
vs. Desagun, GR No. 152131, 04/29/2009).
(c) To formulate stipulations of facts and
admissions of documentary exhibits, limit the number (3) Failure of one party to submit his position paper
of witnesses to be presented in cases falling within the does not bar at all the MTC from issuing a judgment on
original jurisdiction of the court, or those within its the ejectment complaint. In such a case, what would be
appellate jurisdiction where a motion for new trial is extant in the record and the bases for the judgment
granted on the ground of newly discovered evidence; would be the complaint, answer, and the record of the
and preliminary conference (Tereña vs. Desagun, supra).
(d) To take up such other matters which may aid (4) If a sole defendant shall fail to appear in the
the court in the prompt disposition of the case. (Rule 7, preliminary conference, the plaintiff shall be entitled to
CA Internal Rules) (n) judgment in accordance with Section 6 of the Rule, that
is, the court shall render judgment as may be
warranted by the facts alleged in the complaint and
Failure to appear at the preliminary conference is a limited to what is prayed for therein (Sec.7).
ground for dismissal of the petition.
However, this rule shall ―not apply where one of two
or more defendants sued under a common cause of
action, who had pleaded a common defense, shall
Section 2. Record of the conference. — appear at the preliminary conference‖. The Supreme
Court held that the afore-quoted provision does not
The proceedings at such conference shall be recorded apply in the case where petitioner is not a co-defendant
and, upon the conclusion thereof, a resolution shall be in the same case but actually sued in a separate case
issued embodying all the actions taken therein, the for ejectment (Soriente vs. Estate of Concepcion, GR
stipulations and admissions made and the issues No. 160239, 11/25/2009).
defined. (n)
Oral Argument
Other Grounds:
1) Where no hearing on the merits of the main Every decision or final resolution of the court in
case is held, upon the filing of the last pleading, brief, appealed cases shall clearly and distinctly state the
or memorandum required by the Rules or by the court findings of fact and the conclusions of law on which it
itself, or the expiration of the period for its filing. is based, which may be contained in the decision or
final resolution itself, or adopted from those set forth in
2) Where such a hearing is held, upon its the decision, order, or resolution appealed from. (Sec.
termination or upon the filing of the last pleading or 40, BP Blg. 129) (n)
memorandum as may be required or permitted to be
filed by the court, or the expiration of the period for its
filing.
Section 6. Harmless error. —
B. In original actions and petitions for review. —
No error in either the admission or the exclusion of
1) Where no comment is filed, upon the evidence and no error or defect in any ruling or order
expiration of the period to comment. or in anything done or omitted by the trial court or by
any of the parties is ground for granting a new trial or
2) Where no hearing is held, upon the filing of for setting aside, modifying, or otherwise disturbing a
the last pleading required or permitted to be filed by the judgment or order, unless refusal to take such action
court, or the expiration of the period for its filing. appears to the court inconsistent with substantial
justice. The court at every stage of the proceeding must
3) Where a hearing on the merits of the main disregard any error or defect which does not affect the
case is held, upon its termination or upon the filing of substantial rights of the parties. (5a)
the last pleading or memorandum as may be required
or permitted to be filed by the court, or the expiration of Section 7. Judgment where there are several
the period for its filing. (n) parties. —
Thereafter, the Chairman of the division shall refer the Section 9. Promulgation and notice of
case, together with the minutes of the deliberation, to judgment. —
the Presiding Justice who shall designate two Justices
chosen by raffle from among all the other members of After the judgment or final resolution and dissenting or
the court to sit temporarily with them, forming a special separate opinions, if any, are signed by the Justices
division of five Justices. taking part, they shall be delivered for filing to the clerk
who shall indicate thereon the date of promulgation and
The participation of all the five members of the special cause true copies thereof to be served upon the parties
division shall be necessary for the deliberation required or their counsel. (n)
in section 2 of this Rule and the concurrence of a
majority of such division shall be required for the
pronouncement of a judgment or final resolution. (2a)
Section 10. Entry of judgments and final
resolutions. —
New Trial
At any time after the appeal from the lower court has
been perfected and before the Court of Appeals loses
jurisdiction over the case, a party may file a motion for
a new trial on the ground of newly discovered evidence
which could not have been discovered prior to the trial
in the court below by the exercise of due diligence and
which is of such a character as would probably change
the result.
Internal Business
Section 1. Publication. —