130.

Jurisdiction

Q: Taniguchi filed a petition for the nullity of her marriage. While the petition for nullity of marriage
was pending, Sales filed a complaint for collection of sum of money against the tortal (husband).
Tortal and Taniguchi's house and lot was levied upon in accordance with the RTC’s Compromise
Judgment. Taniguchi filed a Complaint for Reivindication of Title, Annulment of Levy and Sale in
Execution, Injunction, Damages and Attorney's Fees against Tortal and Sales.

petitioner argued regarding the RTC's lack of jurisdiction over the petition for nullity of his
marriage with respondent and respondent's lack of capacity to own real property.

whether Tortal may assail a final and executory judgment nullifying his marriage with
respondent Chizuru Taniguchi in his appeal of the

An allegation of a trial court's lack of jurisdiction to render the assailed judgment, final order, or
resolution must be brought in a separate action for annulment of judgment under Rule 47 of the
Rules of Civil Procedure. JERSON E. TORTAL VS. CHIZURU TANIGUCHI G.R. No. 212683 / November
12, 2018