Rule 38

Petion for Relief from Judgments, orders, or other proceedings

Rule 47
Annulment of Judgment or Final Orders or Resolutions

OBJECT

J/FO/P be set aside or

that the appeal be given due course

Ordinary remedies (MNT, A, PR ) are no longer available

through NO FAULT of the petitioner
Exclusive
pd of filing
1) Extrinsic Fraud
-not have been availed of or
4 years from Discovery
could have been availed of MNT/PR
2) Lack of Jurisdiction
before it is bar by
- subject matter
laches (inaction)
- parties
or estoppel (act of recognition)
Final and executor judgment set asisde
so there will be a renewal of litigation

Basis:

premised on equity
should be granted only in exceptional circumstances

available to parties or strangers to the case

Grounds: J/FO is entered, or

Proceeding is taken against him through
FAME
- failure to act on J/FO/P are due to FAME
- also applies failure to take on appeal due to FAME

Not available
1) cases covered by summary procedure (PRJ prohibited pleading)
2) if it is a decision of CA
3) if other remedies in law are available
4) available only against a final and executory judgment

1) judgments of quasijudicial bodies or agencies by CA are not covered (Rule 43)

2) if MNT, Appeal or PR has already been availed or where such remedies
was lost due to his fault or negligence

How
Where

Verified Petition
in the same case
in the same court where J/FO was entered or
where Proceeding is taken
within
but not more than
60 days after he learns of J/FO/P
6 monhts after entry j/FO or
such Proceeding taken
-notice
XPT: Judgment of compromise
6 mos pd run from
date of rendition of J
-because Judgment upon
compromise are immediately
executory

verified petition
RTC
CA

1) filing of a verified petition

-accompanied by affidavits showing
FAME and
Facts showing Petitioner's good ans substantial cause of action
or defense

1) File verified petition

2) Follow ordinary civil procedure
3) it will be treated as an ordinary civil action
Consequence of filing
No substantial Merit
Prima facie Merit

When

Extrinsic Fraud - 4 years from discovery

Lack of jurisdiction - before it is barred by laches or estoppel

Procedure

2) Court will ORDER

-requiring adverse party to ANSWER within 15 days, and
if warranted, WRIT of INJUCTION may be issued
3) Adverse partu answers (but he cannot be delcared in default, if he fails)
4) Court hears and may grant relief
GRANTED
1) asssailed FO/J/P is set aside,
Courts conduct new hearing, as if a MNT has been
granted.
(In effect there are 2 hearings:
1st - at to the merits of the petition
2nd- as to the merits of the
principal case

DENIED
Not appealable
Remedy is :
Rule 65 Certiorari

Remedy on 2nd case:

MNT/ MR
appeal
MNT
filed before judgment becomes final
applies to J/ FO
includes Newly Discovere Evidence
filed within pd of perfecting appeal
if denied, appealable
legal remedy
requires no verification

P relief
filed after a judgment becomes final
applies to J/FO /Proceedings
Limited to FAME
filed within 60 days from knowledge
6 months from entry
if denied, does not allow appeal
Remedy in equity
needs to be verified

DISMISS
Remedy:
MR
Appeal
Rule 45 (CA to SC)
(because it is independent
of the case where
judgment sought to be annulled)
(if MTC to RTC - not appealble)

1) COC issue summons to the

defendant
2) Reception of evidence
may be delagated
3) Defendant may file MD
4) Court may motu pro pio
dismiss, if it ha no jurisdiction
over subject matter
5) if Granted based on LJ
- J/ FO will be set aside and
rendring the same null and void
- w/o prejudice in refiling an
original action in proper court
6) if based on Extrindic fraud,
may order Trial court,
as of MNT has been granted