CivPro Presentation Rules 47,48,49

7/23/2019 CivPro Presentation Rules 47,48,49

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RULE 47

Annulment of Judgments or Final Orders and Resolut

Rule 48Preliminary Conference

Rule 49

Oral Argument

Reported by:Natashja Erika P. TorresIII – Arellano

MSU La



RULE 47Annulment of Judgments or Final Orders and Resolutions

Sec 1.This Rule shall govern the annulment by the CA of judgments or final ord

resolution in civil actions of RTC for which the ordinary remedies of new trial, ap

petition for relief or other appropriate remedies are no loner available through n

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 tria

appeal, petition, for relief from judgment, or other appropriate

remedies are no longer available through no fault of the petitio

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 appropri

remedy and lost or where he has failed to avail of those remed

through his own fault or negligence. (Rep!bli" #. $ %oldin&s'

()* S+RA ,-' ,/)' ,/)



Where to le the action?

he action is commenced by the ling of a veried petition with the prop

"n the CA if the judgment sought to be annulled is ordered by the #$. (S

"n the RTC if the judgment sought to be annulled is ordered by the %$.



Grounds

Se". 0 The annulment may be based only on the grounds of

e1trinsi" 2ra!d and la"k o2 j!risdi"tion.

Extrinsic fraud shall not be a valid ground if it was availed of, o

could have been availed of, in a motion for new trial or petition

relief.



Extrinsic Fraud

It is extrinsic where it prevents a party from having a trial or from presenti

to the court or where it operates upon matters pertaining not to the judgm

the manner it is procured. ( Alaban v. CA, 470 CRA !"7, 70# )

Extrinsic fraud exists when there is a fraudulent act committed by the pre

outside of the trial of the case. ( Alba v. CA, 4!$ CRA 4"$, $0# )

Intrinsic fraud is not sufficient to annul a judgment i.e. Forged instruments

testimonies during trial.



Lack of Jurisdiction

efers to either lac! of jurisdiction over the person of the defending party

over the subject matter of the claim.

"here must be absolute lac! of jurisdiction and not a mere abuse of

discretion.(Re%ublic v. & 'oldings (nc., 47$ CRA !0#, !)7, ! 18)



Period of Filing

Sec 3. If based in extrinsic fraud, the action must be filed within 4 years f

discovery; and if based in lack of jurisdiction, before it is barred by lac*

esto%%el .



Filing and #ontents of $etition

%ec. & "he action shall be commenced by filing a verified petition alleging therein

particularity the facts and the law relied uon for annulment, as well as those su

petitioner's good and substantial cause of action or defense, as the case may be.

"he petition shall be filed in se!en "7# clearly legible copies, together with sufficie

corresponding to the number of respondents. certified true copy of the judgmen

order or resolution shall be attached to the original copy of the petition intended fo

and indicated as such by the petitioner.



"he 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 %upreme #ourt, the #ourt of ppeals 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 %upreme #ourt, the #ourt of ppeals, or different

divisions thereof, or any other tribunal or agency, he underta!es to promptly

inform the aforesaid courts and other tribunal or agency thereof within fi!e

"$# da%s therefrom.



&'o (a% file t'e action

"he petitioner need not be a party to the judgment sought to be annulled

personality to file the action for annulment of judgment. *hat is essentia

can prove his allegation that the judgments was obtained by the use of f

collusion, and that he was affected thereby. ( Alaban v. CA, 470 CRA !



$rocedure

ec $ . Should the court find no substantial merit in the petition, the same

dismissed outright with specific reasons for such dismissal.

Should prima facie merit be found in the petition, the same shall be given

course and summons shall be served on the respondent.

ec. ! he procedure in ordinary civil case shall be observed. Should a t

necessary, the reception of the evidence may be referred to a member of

court or a judge of a !".



Effect of a judgment of annulment

)ased on lack of *urisdiction + setting aside of the uestioned judgment or final

and rendering the same null and void without prejudice to the refiling of the origin

in the proper courts. (ec 7, Rule 47 )

)ased on extrinsic fraud + the court, upon motion, may order the trial court to try

case as if a motion for new trial was granted. (ec 7, Rule 47 )



Relief +!aila,le

%ec. "he judgment of annulment may include the award of da(ages,

fees and ot'er relief .

If the uestioned judgment or final order or resolution had already been e

the court may issue such orders of restitution or ot'er relief as justice a

may warrant under the circumstances.



Rule 48$reliminary #onference

%ec. - t any time during the pendency of a case, the court may call the

their counsel to a preliminary conference.

(a) "o consider the possibility of an amicable settlement, except when th

allowed by law to be compromised

(b) "o define, simplify and clarify the issues for determination

(c) "o formulate stipulations of facts and admissions of documentary ex

the number of witnesses to be presented in cases falling within the originof the court, or those within its appellate jurisdiction where a motion for n

granted on the ground of newly discovered evidence and

(d) "o ta!e up such other matters which may aid the court in the prompt

of the case.



&'at is it.s ,inding effect/

%ec. / %ubject to such modifications which may be made to prevent ma

injustice, the resolution in the preceding section s'all control t'e su,se

roceedings in t'e case unless, within fi!e "$# da%s from notice thereo

party shall satisfactorily show valid cause why the same should not be fo



Rule 49Oral Argument

&'en allowed/

t its own instance or upon motion of a party, the court may hear the part

argument on the merits of a case, or any material incident therewith. (ec

Rule 49)



&'at are t'e li(itations/

%hall be limited to such matters as the court may specify in its order or re

(ec. ), Rule 4")

0nly one counsel may argue for a party, unless authori1ed by the court. (

"here shall be no hearing or oral argument for motions and unless otherw

court directs, there shall be no hearing allowed in support thereof.

"he adverse party may file objections to the motion within 2 days from se

upon the expiration of the 2 days such summon shall be deemed submitt

resolution. (ec , Rule 4")



E34

"han! you5

CivPro Presentation Rules 47,48,49

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