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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction.
Section 2, Rule 47 of the 2019 Rules of Civil Procedure provides that 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.
Period for Filing Action
If based on extrinsic fraud, the action must be filed within four (4) years from its discovery. If based on lack of jurisdiction, before it is barred by laches or estoppel (Sec. 3, Rule 47, 2019 Rules of Civil Procedure).
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 (Sec. 7, Rule 47, 2019 Rules of Civil Procedure).
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 (Sec. 9, Rule 47, 2019 Rules of Civil Procedure).
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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