CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 1

JUDGMENT ON THE PLEADINGS Adolfo v. Adolfo (2015) – while there was an implied
AND SUMMARY JUDGMENT admission for failure to answer a request of admission,
it must be noted that the nature of the property is still
subject of an appeal, due process must be observed.
A. Judgment on the Pleadings (Rule 34)
C. Judgment on the Pleadings vs.
Where an Answer: Summary Judgments
1. Fails to tender an issue; or
2. Otherwise admits the material allegations of
Contents of the answer
the adverse party’s pleading
Fails to tender an issue Tenders an issue but
The court may, upon motion direct judgment on such or admits the material there is no genuine issue
pleadings. allegations of the as to any material fact
pleading except as to damages
When answer fails to tender an issue: Parties who can file
1. Answer neither admits nor deny allegations; The plaintiff Either party
2. General denials without specific denials. Period to file
After the answer is For plaintiff – at any
Asian Construction v. Sannaedle Co. (2014) – while served time the answer is
there was an allegation as to the defect of the CNFS as served;
well as legal capacity to sue, these defenses would not
prevent the collection of the amount sought in the MOA For defendant – at any
which such genuineness was not specifically denied time
under oath in compliance with Rule 8, Section 8. Basis for Judgment
Solely on the pleadings Pleadings as well as the
B. Summary Judgments (Rule 35) affidavits, admissions
and depositions and
It is also known as an accelerated judgment where upon other documents
motion the party moves for summary judgment on the Motion
ground that there is: Rule 15 applies, there 10-day notice of hearing
 No genuine issue as to any material facts except must be a 3-day notice
as to the payment of damages.
 As there is no more need for a full-blown
hearing.

A genuine issue is an issue of fact which requires

the presentation of evidence as distinguished from an
issue which is a sham, fictitious, contrived or false claim.
(Bitanga v. Pyramid Construction, 2008).

Persons who can file

1. Claimant – any time after the answer is served
2. Defendant – at any time

Motion for summary judgment must be

 Served within 10 days before hearing
 Adverse party may serve opposing affidavits,
depositions and admissions within 3 days
before the hearing

Majestic Plus Holdings v. Bullion (2016) – the filing

of the motion and conduct of a hearing are important to
enable the court to determine if the claim is meritorious.
The mere filing of memorandum was not enough.

Iloilo Jar v. COMGLASCO (2017) – there was an issue

as to whether the pretermination of lease without such
clause in the contract be justified. Here a summary
judgment was moved because there is no genuine
factual issue as the defense raised by COMGLASCO for
failure to pay rentals is not covered under Art. 1267 of
the NCC as such defense is only allowed in obligations
“to do” and “to give”.

Since there is no more genuine issue left to determine,

summary judgment is proper.
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 2

POST JUDGMENT REMEDIES: Contents of Motion

BEFORE FINALITY OF THE JUDGMENT MNT - [1] Motion with notice of hearing to the
FAME adverse party;
[2] Affidavit of absolutory cause – setting
Post Judgment Remedies
forth factual basis for FAME
[A] Before Finality of the Judgment
[3] Affidavit of merit – showing good or
1. Motion for Reconsideration (Rule 37)
substantial cause of action
2. Motion for New Trial (Rule 37)
3. Appeal (Rule 40-45) MNT – [1] Motion with notice
NDE [2] Affidavits of witnesses or by duly
[B] After Finality of the Judgment authenticated documents
1. Petition for Relief from Judgment (Rule 38) MR [1] Motion with notice
2. Annulment of Judgments (Rule 47) [2] Pointing out specifically the findings or
3. Certiorari* conclusions contrary to law making express
reference to the evidence
NEW TRIAL OR RECONSIDERATIONS (Rule 37)
NOTE: Failure to comply with the requirements for
motions (3-day notice rule) and of the affidavit
MR and MNT are post-judgment remedies available to
requirements would render the MR or MNT pro-forma
the aggrieved party before the finality of the decision
which would not toll the running of the reglementary
period.
Motion for Motion for
New Trial Reconsideration Affidavit of Merits; Applicable
Within the period for taking an appeal (1) Motion to lift order of default (Rule 9); (2) Leave of
[within 15 days (if by notice of appeal) or
Court – Rule 17; (3) MNT – FAME Rule 37; (4) Petitions
30 days (if by record on appeal)
from notice of judgment] for Relief – Rule 38; (5) Motion to Postpone Trial; (6)
Grounds Summary Judgment; Preliminary Attachment;
Preliminary Injunction; Replevin; Support Pendente
[1] Fraud, accident, [1] Damages awarded
Lite; Petition for Clerical Errors (RA 9048).
mistake or excusable are Excessive;
negligence which
MR; Reiterating Issues
ordinary prudence could [2] Evidence is
It does not render the MR pro-forma as the party would
have not guarded Insufficient to justify
really reiterate his position and arguments and convince
against [FAME] decision or final order;
the court that it has made an improper ruling (Marikina
Valley v. Flojo).
[2] Newly discovered [3] That the decision or
evidence which could not final order is Contrary to
Hybrid Motions for both MR/MNT is allowed and may
with reasonable diligence law. [EIC]
be given due course as long as any of the grounds of
be produced trial which
the two are present,
would alter result [NDE]
MR and MT must be resolved
Fresh Period Rule in Case of Denial of MR/MNT
 Within 30 days from the time it is submitted for
If an MNT or MR is denied, the party shall have a fresh
resolution
period of 15 days to file reckoned from the receipt of the
denial. Also applies to appeals under Rules 40, 42, 43
The court may
and 45 (Neypes v. CA, 2005).
 Set aside
 Deny
MNT; Extrinsic Fraud
 Amend the judgment
It is extrinsic fraud which is a ground for MNT and not
intrinsic fraud. Extrinsic fraud is present when
MNT Granted, Evidence from Former Trial
unsuccessful party was prevented from fully exhibiting
Evidence taken from former trial in so far as the same
his case by fraud or deception on him by his opponent
is material and competent to establish issues shall be
(Strait Times v. CA) such as when he has no knowledge
used at trial without retaking the same. MNT Granted
of the action or was kept away. On the other hand,
results to a trial de novo and old judgment vacated.
intrinsic fraud happens in litigation such as perjury
which is not a ground for MNT.
Second MNT allowed not Second MR
Second MNT if based on a ground not existing when 1 st
MNT; Newly- Discovered Evidence; Requisites
MNT was made. Second MR is not allowed
1. The evidence was discovered after trial;
 Except in the higher interest of justice
2. It could have not been discovered and produced
 Decision is patently erroneous and unjust
despite reasonable diligence;
MR by two different parties does not constitute a Second
3. If presented, would alter result.
MR.
Reopening from MNT – Reopening is done before a
There is no motion for extension to file MR or MNT
judgment is rendered on the ground of interest of justice
and its denial is not appealable nor assailable by
and may be done motu proprio. MR requires motion and
certiorari the remedy is to appeal the judgment.
is a post-judgment remedy with different grounds.
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 3

NEW TRIAL AND RECONSIDERATIONS IN THE

COURT OF APPEALS

A. Motion for Reconsideration (Rule 52)

Period for Filing

Within 15 days from notice of judgment or final
resolution with proof of service on adverse party.

Second MR, Not Allowed

Except for
1. Extraordinarily persuasive reasons and only
after express leave obtained
2. Matter of public interest

It must be resolved within 90 days from the date which

the court declares it as submitted for decision.

Similarly, an MR to the CA would stay execution unless

the court for good reasons, otherwise direct.

B. Motion for New Trial

Period for Filing [NOTE: DIFFERENT PERIOD]

At any time after the appeal of the lower court has
been perfected and before CA loses jurisdiction.

Sole Ground – Newly Discovered Evidence

Same requisites apply and supporting affidavits

Hearing and Order

It may grant or refuse the MNT or take testimony if
required or render other judgments.

It shall be resolved within 90 days from the time the

court declared it submitted for decision.
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 4

APPEALS UNDER CIVIL PROCEDURE

RULE 40 RULE 41 (cf. RULE 44) RULE 42 RULE 43 RULE 45

MTC to RTC RTC Original to CA RTC Appellate to CA QJA to CA RTC Original to CA
QFact and QMixed QFact, QLaw, QMixed QFact, QLaw, QMixed QLaw only (except Amparo
and Habeas Data – QMixed).
Ordinary Appeal Ordinary Appeal Petition for Review Petition for Review Petition for Review on
Certiorari
NOA or ROA filed with MTC NOA or ROA filed with RTC Petition to CA Petition to CA Petition to SC
WHEN TO APPEAL
[1] Within 15 days from notice if by Notice of Appeal Within 15 days from notice of the decision or final order (or Within 15 days from notice
 Non-extendible award) sought to be reviewed or of denial of petitioner’s of judgment, resolution or
motion for new trial or reconsideration. final order appealed from or
[2] Within 30 days from notice if by Record on Appeal  First Extension of 15 days – upon motion and denial or MR or MNT.
(available only to [1] special proceedings; and [2] multiple payment of docket or other lawful fees.  Extendible for 30
or several appeals – like (a) settlement of estates and (b)  Second Extension of 15 days for the most days only upon filing
expropriation proceedings] compelling reasons and payment of the
 Extendible under jurisprudence fees required.
Periods can be stayed upon filing of MR or MNT
PERFECTION OF APPEAL
[1] If by Notice of Appeal PERFECTED: Upon timely filing Effect of appeal SHALL NOT No provision, may be
PERFECTED: Upon filing of the NOA in due time; of the petition and payment STAY the award, judgment, assumed that the perfection
of the docket and other or final order sought to be of appeal for petitions for
COURT LOSES JD: [1] Upon perfection of the appeal and [2] lawful fees reviewed, unless CA direct review apply. (Only a
Expiration of time to appeal of other parties otherwise. submission).
WHEN JD LOST: [1] Upon
[2] If by Record on Appeal perfection of the appeal in
PERFECTED: Upon approval of the ROA due time; and [2] Expiration
COURT LOSES JD: [1] Approval of ROA and [2] Expiration of of time to appeal by other
time to appeal of other parties parties.

Residual Jurisdiction of Court A Quo Residual Jurisdiction

PRIOR TRANSMITTAL of original record or record on appeal BEFORE CA GIVES DUE
The court a quo may order COURSE to the Petition, the
[a] Orders for protection and preservation of right not court a quo may order
litigated by appeal; [same as those under Rules
[b] Approve compromises; 40 and 41].
[c] Permit appeals of indigent litigants;
[d] Approve execution pending appeal; Perfection of appeal shall
[e] Withdrawal of appeal. stay execution, except of
Failure to file NOA with ROA is not fatal defect as the ROA is immediately executory like
more exhaustive (Peralta v. Solon) Summary Procedure.
DUTY OF THE CLERK OF COURT; TRANSMITTAL
Within 15 days from Within 30 days from If necessary, it may order to Within 15 days from notice If given due course. SC may
perfection clerk shall perfection, RTC Clerk shall elevate record 15 days from of due course it may require require elevation of records
transmit with notice verify correctness and notice. agency to transmit record within 15 days from notice.
completeness and transmit
with notice

[1] RTC Clerk shall notify
that records have been
received;
[2] Within 15 days from
notice appellant must submit
a MEMORANDUM to discuss
the errors imputed; copy
furnished to adverse party
 Failure of appellant
to file a
memorandum shall
be a ground for
dismissal.
[3] Appellee, may, within
15 days from receipt of
appellee’s memorandum
may file own memorandum
[4] Upon filing of
memorandum of appellee or
expiration thereof, the case
is submitted for decision and
RTC can decide on basis of
the record in the MTC and
the memorandas filed.
CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO
[1] Completion of record, if
cannot be accomplished due
to insuperable or difficult
causes, the court can motu
proprio or upon motion
declare that records
available are sufficient to
decide the case.
[2] Within 45 days from
receipt of notice from clerk
that all evidence is attached
to the record, the appellant
must file his APPELLANT’S
BRIEF with the court with
proof of service to the
appellee.
[3] Within 45 days from
receipt of the Appellant’s
Brief, the appellee can also
file his APPELLEE’s BRIEF
with proof of service to
appellant.
[4] Though not mandatory,
the appellant may, within 20
days from receipt of
Appellee’s Brief file and
serve a APPELANT’S
REPLY BRIEF
Extension
GR: Not allowed
XPN: For good and sufficient
cause filed before expiration
of period
PROCEDURE
[1] CA may:
a. Dismiss the petition
if it is for delay or
questions are too
insubstantial; or
b. Require respondent
to file a COMMENT
within 10 days from
notice
Comment shall
[a] State whether he accepts
the matters in the petition
[b] Point out insufficiencies
or inaccuracies
[c] State reasons why
petition should not be given
due course
[2] If upon filing of comment
or expiration of period
thereof, if the CA finds a
prima facie error of fact or
law that will warrant reversal
or modification
 Give due course to
the petition for
review
[3] If petition is given due
course, there may be oral
arguments or require them
to submit MEMORANDA
 Upon filing of the
last pleading or
memoranda deemed
submitted for
decision
5
[1] CA may: The appeal shall be
a. Dismiss the petition governed by and disposed of
if it is for delay or in accordance with the
questions are too applicable provisions of Rule
insubstantial; or 45, 48, Sections 1,2 and 5 to
b. Require respondent 11 of Rule 51 and 52 and
to file a COMMENT 56.
within 10 days from
notice
Comment shall
[a] Point out insufficiencies
or inaccuracies
[b] State reasons why
petition should not be denied
or dismissed
[2] If upon filing of comment
or expiration of period
thereof, if the CA finds a
prima facie error of fact or
law that will warrant reversal
or modification
 Give due course to
the petition for
review
[3] The findings of the court
or agency concerned when
supported by substantial
evidence shall be binding on
the CA
[4] Oral argument or
memoranda may be
required.
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 6

APPEALS NOTE: Failure to pay docket fees shall be a ground to

dismiss the case.
MTC to RTC To RTC via Rule 40 NOA to MTC
[15d non-ext] B. Appeal from RTC (Original) to CA (Rule 41/44)

ROA to MTC Non-Appealable Cases [PIA-SESW *M]

[30d ext.] As Amended by AM No. 07-7-12-SC
RTC To CA via Rule 41 NOA to RTC 1. Order denying Petition for relief or other
[Original] (cf. Rule 44) [15d non-ext] similar motion seeking relief from judgment;
2. Interlocutory order;
QFact ROA to RTC 3. Order disallowing or dismissing an Appeal;
QMixed [30d non-ext] 4. Order denying motion to Set aside judgment
RTC To SC via Rule 45 Petition for by consent, compromise or confession due to
[Original] Review on fraud, duress, mistake;
Certiorari to 5. Order of Execution;
SC 6. Judgment or final order where one or more of
QLaw [15d ext 30d] Several claims while main case is pending,
RTC To CA via Rule 42 Petition for unless court allows;
[Appellate] Review to CA 7. Order dismissing an action Without prejudice
[15d ext. to
QLaw 15d and Cases under [1-7] can be subject to a Rule 65 petition.
QFact another 15d]
QMixed 8. Order denying MR or MNT (cannot be assailed
Quasi- To CA via Rule 43 Petition for by Certiorari) (removed from enumeration but
Judicial Review to CA still non-appealable).
Agencies XPN: [15d
[1] CTA – SC – R45 NOTES
QLaw [2] OMB Criminal –  An order denying or dismissing appeal may be
QFact SC – R65 (60 days) subject to a Rule 65 petition or Petition for
QMixed [3] NLRC – CA – Relief under Rule 38. (Gaudiano v. Benemerito)
R65  An order denying a motion to set aside
judgment by compromise, consent or
Appeal is available before finality of judgment and is confession may be subject to a Rule 65 petition
not part of due process as it is only a statutory privilege or Rule 47 annulment of judgment.
and it is basic remedy to obtain reversal or modification
Writ of Possession
of judgment and appeal is available – certiorari cannot
If the writ of possession was issued
be applied for even if there is error of jurisdiction.
1. Foreclosure of mortgage – it is a final order
thus appealable;
Thus, in Manacop v. Equitable PCI (2005) it was
improper to file for both appeal and certiorari to assail 2. Expropriation – interlocutory
errors of judgment and errors of jurisdiction. (San Fernando v. Pampanga, 2007)

Being a statutory privilege the requirements Contents of Briefs (Rule 44, Sections 13 and 14)
must be strictly complied with, must not raise issue for
APPELLANT’S BRIEF APPELLEE’S BRIEF
the first (generally) and payment of docket fees is
[1] Subject index with [1] Subject index with
mandatory and jurisdictional.
digest or arguments, digest of arguments,
references and table of references and table of
[Please refer to the Table as the following discussions
cases; cases
for the rules are those peculiar for each appeal].
[2] Assignment of Errors [2] Statement of Facts
[3] Statement of the [3] Argument
A. Appeal from MTC to RTC (Rule 40)
Case
[4] Statement of Facts * Appellee does not
Dismissals and Jurisdiction (Rule 40, Section 8)
[5] Issues assign errors nor ask for
I. Dismissal without trial on the merits
[6] Argument relief, unless he also files
a. If dismissal is affirmed by RTC and dismissal
[7] Relief an appeal himself.
was due to lack of JD, the RTC if it has JD,
shall try the case as if it was originally filed
Questions allowed: As long as they not raise issues
with it;
for the first time or change the theory of the case.
b. In case of reversal, it shall be remanded
Thus in Rivera v. CA, there is no change of theory when
II. If case was tried but MTC has no jurisdiction
upon original cases for seeking to annul mortgage on
RTC shall not dismiss the case if it has original JD over
appeal they seek for the recovery of the property as it
the case but shall decide
boils down to the same evidence and arguments and
 Without prejudice of amended pleadings or
relief.
additional evidence.
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 7

Assignment of Errors in Appellee’s Brief D. Petition for Review on Certiorari (Rule 45)
GR: There is no requirement for appellee to assign
errors for as a rule he was the prevailing party. Supreme Court is not a trier of facts, as a general rule,
but this subject to exceptions. Factual findings of the
Errors to be Considered lower courts are usually binding to the SC.
GR: The appellate court shall consider no error unless
stated in the assignment of errors. Contents of a Petition for Review on Certiorari
Almost similar to Rule 42 Petition
XPN: The court may consider an error not raised on  Failure to comply and pay fees may be a
appeal provided that ground for dismissal thereof.
1. It is an error affecting jurisdiction over the
subject matter; Only required pleadings and document may be filed as
2. It is an error that evidently plain or clerical the SC deems necessary as it may impose sanctions for
errors; unauthorized pleadings.
3. Errors which are not assigned but closely
related to or dependent on the assigned errors. RULE 45 RULE 65
A mode of appeal Original action
C. Petition for Review (Rule 42 and 43) A review of final order or Directed against
judgments interlocutory orders or
When CA to Receive Evidence matters where there is
1. Cases which falls under its jurisdiction no appeal or speedy and
2. Annulment of judgments, Quo Warranto and adequate remedy
Habeas Corpus Questions law, except Raises question of
3. New Trial for NDE under Rule 53 those under Amparo and jurisdiction on whether
4. Appeals involving damages from provisional Habeas Data which can there was grave abuse of
remedies. be mixed discretion amounting to
lack or excess of
Contents of a Petition for Review jurisdiction
1. Name of parties Within 15 days Within 60 days from
2. Material Data Rule – indicating dates to (extendible to 30 days) notice of judgment or
establish the timeliness of the appeal or petition from notice of judgment denial or MR
for review, since otherwise the appealed No need for MR to If MR is allowed, it is a
decision would already be final and executory appeal prerequisite
and the appellate or reviewing court would be Stays the judgment Does not stay judgment
rendered without jurisdiction, where there exist Filed to the SC Filed with RTC, CA and
no valid grounds to seek relief from final SC but observe hierarchy
judgment. of courts
3. Matters, issues, errors committed
4. Reasons and arguments for allowing appeal E. Dismissal of Appeal (Rule 50)
5. Attachment including certified true copy of
judgment or final order being appealed. Section 1. Grounds for dismissal of appeal. — An appeal
6. CNFS may be dismissed by the Court of Appeals, on its own
motion or on that of the appellee, on the following
Efficient use of paper for CA: One original (properly grounds:
marked) and two copies with their annexes.
(a) Failure of the record on appeal to show on its face
Failure to comply as well as payment of docket fees, that the appeal was taken within the period fixed by
deposit for costs and proof of service these Rules;
 Ground for dismissal
 Position papers not require (Yuki v. Co). (b) Failure to file the notice of appeal or the record on
appeal within the period prescribed by these Rules;
Rule 43
More or less similar contents with Rule 42 Petition. (c) Failure of the appellant to pay the docket and other
 Similar consequence of dismissal for failure to lawful fees as provided in section 5, Rule 40 and section
comply with the contents, deposit, pay docket 4 of Rule 41; (Bar Matter No. 803, 17 February 1998)
and other lawful fees.
(d) Unauthorized alterations, omissions or additions in
the approved record on appeal as provided in section 4
of Rule 44;

(e) Failure of the appellant to serve and file the required

number of copies of his brief or memorandum within the
time provided by these Rules;
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 8

(f) Absence of specific assignment of errors in the POST JUDGMENT REMEDIES:

appellant's brief, or of page references to the record as
required in section 13, paragraphs (a), (c), (d) and (f)
of Rule 44;
(g) Failure of the appellant to take the necessary steps
for the correction or completion of the record within the
time limited by the court in its order;
(h) Failure of the appellant to appear at the preliminary
conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable
cause; and
(i) The fact that the order or judgment appealed from is
not appealable.
Section 2. Dismissal of improper appeal to the Court of
Appeals. — An appeal under Rule 41 taken from the
Regional Trial Court to the Court of Appeals raising only
questions of law shall be dismissed, issues purely of law
not being reviewable by said court. Similarly, an appeal
by notice of appeal instead of by petition for review from
the appellate judgment of a Regional Trial Court shall be
dismissed. (n) An appeal erroneously taken to the Court
of Appeals shall not be transferred to the appropriate
court but shall be dismissed outright. (3a)
Section 3. Withdrawal of appeal. —
Matter of right – before filing of appellee’s brief.
Matter of discretion – after filing of appellee’s brief.
F. Preliminary Conference (Rule 48)
At any time during pendency of a case in the CA
 Consider possible amicable settlement
 Simplify and limit issues
 Formulate stipulations and admissions,
documents and witnesses
 Matters to aid the court
A resolution shall then be issued embodying the actions
therein, stipulations, admission and issues defined.
The resolution shall control the subsequent proceedings
unless within 5 days from notice show valid case why
such resolution not be followed.
 And be modified to prevent manifest injustice
G. Oral Arguments (Rule 49)
AFTER FINALITY OF THE JUDGMENT
A. Petition for Relief from Judgments (Rule 38)
Petition for Relief from Judgment is an equitable
remedy that is allowed only in exceptional cases when
there is no available or adequate remedy.
 When there are other remedies available, which
can either be MNT or appeal and he was not
prevented by FAME from filing the MNT or
appeal then petition for relief is not available to
him (Trust International Paper v. Pelaez).
Grounds for Petition for Relief
1. When the judgment, etc. was taken against a
party though FAME – seeking to set it aside;
2. When there is a judgment, etc. and a party was
prevented from taking an appeal by FAME –
seeking to give appeal due course.
PFR is available in RTC and MT and not in CA or SC.
(Purcon v. MRM Phils, 2008).
Periods to file VERIFIED petition for relief
Within 60 days after petitioner learns of the judgment.
etc. and not more than 6 months after entry of such.
Must be accompanied by
 Affidavit of absolutory cause; and
 Affidavit of merit
If petition sufficient
 Adverse party required to Answer the same
within 15 days from receipt of order
Preliminary injunction is available to preserve rights.
If PFR is granted
 The judgment shall be set aside
 Case shall stand as if the assailed judgment has
never been rendered
 The court shall then proceed to hear and
determine the case as if a timely MR or MNT was
granted.
Note Distinction between
 Motion to lift order of default
 MR or MNT and
 Petition for Relief from Judgment

The Court of Appeals upon motion or motu proprio allow

oral argument limited to the issues court may direct.
 Only one counsel allowed unless authorized

There is no hearing or oral arguments as to motions in

the Court of Appeals unless the court allows.
 Objections then may be filed within 5 days from
service of motion after which it is submitted for
decision.
 CIVIL PROCEDURE – JUDGMENT ON PLEADINGS, SUMMARY JUDGMENT AND POST-JUDGMENT REMEDIES | RM SANTIAGO 9

B. Annulment of Judgments, etc. (Rule 47) NOTE: Annulment of judgment is a very exceptional
remedy; it must be shown that the plaintiff was denied
Applicability the chance to seek
1. Annulment by CA of RTC judgments for which  New Trial
the remedies of new trial, appeal, petition for  Appeal
relief or other remedies are not available  Petition for Relief
through no fault of the petitioner;  Or any other remedy available.
2. Annulment by RTC or judgments or final orders
of MTC

Grounds for Annulment of Judgments

1. Extrinsic fraud, but this is not available if it has
been or could have been availed of in MNT or
PFR
2. Lack or jurisdiction

Cosmic Lumber v. CA – An action under Rule 47

was proper when judgment by compromise (which is
immediately executory) was secured by the attorney-in-
fact through extrinsic fraud resulting to the sale of
property in a very small amount.

Periods to File
1. Extrinsic fraud – within 4 years from discovery;
2. Lack of jurisdiction – before barred by laches

Filing and Contents

The action shall be a verified petition alleging facts
and law relief upon, certified true copies of the judgment
as well as CNFS.

Action by the Court

1. Dismiss if no substantial merit
2. Give due course – if there is prima facie merit
and summons shall be served.

Effect of Judgment
1. If based on lack of jurisdiction – set aside and
rendered null and void without prejudice to
refiling;
2. If based on extrinsic fraud – on motion, order
the trial court to try as if MNT was filed.

Suspension of Prescriptive Period

The prescriptive period for refiling the original action
shall be suspended:
 From filing of the original action until finality of
annulled judgment.

But prescriptive period shall not be suspended when the

fraud is attributable to the plaintiff in original action.

Relief available – damages, attorney’s fees, other

relief and other orders justice and equity may warrant.

City of Taguig v. Makati (2016) – a petition

for annulment of judgments is a post-judgment remedy
after the action is final and executory, thus if there is
still an MR, the action has not yet reached finality.

In addition, if both MR and petition for annulment is filed

there can be forum shopping as both reliefs seek to
reverse or vacate judgment so rendered.