Rule 47 Docs 2

Annulment
of judgment may either be based on the ground that

a judgment is void for want ofjurisdiction or that the judgment was
obtained by extrinsic fraud. It is a remedy in equity so exceptional in
nature that it may be availed of only when other remedies are wanting. 21
Lack of jurisdiction as a ground for annulment of judgment refers to
either lack ofjurisdiction over the person of the defending party or over
the subject matter of the claim. In a petition
for annulment of judgment based on lack of jurisdiction, petitioner must
show not merely an abuse of jurisdictional discretion but an absolute
lack of jurisdiction. Lack of jurisdiction means absence of or no
jurisdiction, that is, the court should not have taken cognizance of the
petition because the law does not vest it with jurisdiction over the subject
matter. Jurisdiction over the nature of the action or subject matter is
conferred by law. 22
||| (Heirs of Borras v. Heirs of Borras, G.R. No. 213888, [April 25, 2022])
The lack of jurisdiction envisioned in Rule 47 is the total

absence of jurisdiction over the person of a party or over the subject matter.
When the court has validly acquired its jurisdiction, annulment through
lack of jurisdiction is not available when the court's subsequent grave
abuse of discretion operated to oust it of its jurisdiction. 29 (Heirs of Borras v.
|||
Heirs of Borras, G.R. No. 213888, [April 25, 2022])
This Court's recent holding in Durisol Philippines, Inc. v.

Court of Appeals 52 is instructive in this regard:
[I]t should be stressed that in a petition
for annulment of judgment based on lack of jurisdiction, petitioner
must show not merely an abuse of jurisdictional discretion but an
absolute lack ofjurisdiction. Lack of jurisdiction means absence of or
no jurisdiction, that is, the court should not have taken
cognizance ofthe petition because the law does not vest it with
jurisdiction over the subject matter. 53
(Barco v. Court of Appeals, G.R. No. 120587, [January 20, 2004], 465 PHIL 39-65)
|||
The law sanctions the annulment of certain judgments which, though

final, are ultimately void. Annulment of judgment is an equitable principle
not because it allows a party-litigant another opportunity to reopen
a judgment that has long lapsed into finality but because it enables him to be
discharged from the burden of being bound to a judgment that is an
absolute nullity to begin with. The inevitable conclusion is that the RTC Order,
despite its apparent flaws, is not null and void, and thus cannot be annulled.
Consequently, the Court of Appeals committed no reversible error in issuing
the assailed decision.
This Court has been constrained in the past to leave erroneous
decisions as they were. 75 Our fealty to justice in its pristine form — the
upholding of"right" over "wrong" — is equipoised with our adherence to due
process, and the rules that emanate from that principle. The Court takes
great care in drafting rules of procedure so that the axioms that govern the
legal battleground may live up to justice Frankfurter's approximation of due
process as "the embodiment of the sporting idea of fair play." 76Due process
dictates that litigants be afforded a reasonable opportunity to attack
erroneous judgments and be shielded from the adverse effects of void
judgments. Due process likewise demands that a party, after trekking the
long road of litigation should be permitted to enjoy the fruits of an
auspicious final judgment. Absent any convincing demonstration that the
RTC Order is patently null and void, there is no reason under law and
jurisprudence to upset it, given the reality that it has long become final.
||| (Barco v. Court of Appeals, G.R. No. 120587, [January 20, 2004], 465 PHIL 39-65)
First, a brief revisit of the action to annul judgment.

The recourse is equitable in character, allowed only in exceptional
cases, as where there is no available or other adequate
remedy. Annulment ofjudgments is a remedy long authorized and
sanctioned in our jurisdiction. 38 As far back as 1918, this Court in Banco
Español Filipino v. Palanca 39recognized the availability of a direct attack of a
final judgment on the ground that it is void for want ofjurisdiction. In Reyes v.
Datu 40 we held that the validity of a final judgment or order of the court may
be attacked only by a direct action or proceeding or by motion in another
case on the ground of lack ofjurisdiction.
Yet, it was only in the 1997 Rules of Civil Procedure that for the first
time the procedure for the annulment of judgments or final orders and
resolutions in civil cases of regional trial courts, through a petition before the
Court of Appeals, was formally provided. Rule 47 thereof under which the
procedure was integrated incorporates settled jurisprudence
on annulment of judgment.
Statutory basis for the remedy was laid way back in 1980, with the
enactment of The Judiciary Reorganization Act of 1980. 41 Section 9 thereof
vests in the Court of Appeals exclusive original jurisdiction over actions
for annulment of judgments of the lower courts.
Section 2, Rule 47 of the 1997 Rules of Civil Procedure explicitly
provides only two grounds for annulment of judgment, namely: extrinsic
fraud and lack of jurisdiction. This express limitation is significant since
previous jurisprudence recognized other grounds as well. 42 The underlying
reason is traceable to the notion that annulling final judgments goes against
the grain of finality of judgment. Litigation must end and terminate
sometime and somewhere, and it is essential to an effective
administration of justice that once a judgment has become final the issue or
cause involved therein should be laid to rest. The
basic rule of finality ofjudgment is grounded on the fundamental
principle of public policy and sound practice that at the risk ofoccasional
error, the judgment of courts and the award of quasi-judicial agencies must
become final at some definite date fixed by law. 43 Even if
the rule on annulment of judgment is grounded on equity, the relief is of an
extraordinary character, and not as readily available as the remedies
obtaining to a judgment that is not yet final.
There are two aspects of jurisdiction which are vital for
disposition of this case — jurisdiction over the nature of the action or subject
matter, and jurisdiction over the parties. 44 Barco claims that the RTC failed to
satisfy both aspects of jurisdiction. She opines that the RTC did not acquire
jurisdiction over the parties due to the failure to implead her as a party to the
petition for correction. On the other hand, the remaining issues that she
raises as errors put into question whether the RTC had jurisdiction over the
subject matter of Nadina's petition.
||| (Barco v. Court of Appeals, G.R. No. 120587, [January 20, 2004], 465 PHIL 39-65)

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Annulment

of judgment may either be based on the ground that

The lack of jurisdiction envisioned in Rule 47 is the total

Heirs of Borras, G.R. No. 213888, [April 25, 2022])

This Court's recent holding in Durisol Philippines, Inc. v.

The law sanctions the annulment of certain judgments which, though

First, a brief revisit of the action to annul judgment.

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