AFP Mutual Benefit Association Inc.

Vs.
RTC Marikina City Br.193
GR NO 183906

Facts:
Investco entered into a contract to sell to solid Homes Inc. solid homes defaulted payments, Investco
sued. For specifi performance and damages. During the fendency, investco sold the properties to the
Armed forces of the Philippines mural Benefits Association. Solid Hmes filed on action against Regster of
Deeds, AFPPMBAI and Invesco for annotation of lis pendens, RTC of Marikina gave due course to Solid
Homes petition. AFBMBAI filed a petition for prohibition & mandamus with application for TRO. RTC
based TRO.

Issues:
Whether or not the RTCs grant of Solid Homes petition for relief based on AFBMAIs alleged fraud in
acquiring the property is the fraud contemplated by the rules;
Whether or not Solid Homes petition for relief is filed beyond the period allowed by rules.

Ruling:
1. No. Extrinisic fraud that will justify a petition for relief from judgment is that fraud which the
prevailing party caused to present the losing party from being heard on his action of defense. Such fraud
concerns not judgment itself but the manner in which it is obtained. Here, the fraud that Solid Homes
proposed is Investco & AFBMBAI alleged prior knowledge of the sale of disputed lands to Solid Homes
which fraud goes into the ment of the case rather than on Solid Homes right to be heard.
2. Yes. Rule 38, Sec. 3 of the Rules on Civil Procedure provdes that a petition for relief from
judgment must be filed within 60 days from notice of such judgment or within 6 months from entry of
judgment. RTCs order of dismissal had long became final and executory when Solid Homes filed its
petition nearly 10 months