Republic of the Philippines

COURT OF APPEALS
Manila

[Note: Rule 47, Rules of Court, governs Annulment of judgment by the

Court of Appeals of judgments or final orders or resolutions in civil
cases of Regional Trial Courts for which the ordinary remedies of new
trial, appeal, petition for relief, or other appropriate are no longer
available through no fault of the petitioner]

[NAME] __________,
Petitioner,

CA-G.R. No. ___________

- versus -

[NAME] __________,
Respondent.
x ----------------------------------- x

PETITION FOR ANNULMENT OF JUDGMENT

PETITIONER, by counsel and to this Honorable Court, respectfully states that:

1. Petitioner is of legal age, Filipino, with residence at [Address] while

respondent is likewise of legal age, Filipino with postal address at [Address].
Each may be served with court processes at the respective addresses given.

2. Petitioner is the defendant/plaintiff in Civil Case No. _ [XXXXX] _ entitled “

__ [Title of the Case] ____ involving a complaint for __[collection of sum of
money, ejectment, etc]___.

3. The trial court rendered an adverse judgment in said case against petitioner
(defendant) dated __[Date]___.The said judgment became final and executory on
[Date]. A certified true copy of said judgment is attached as Annex “A.”

Note: Annulment of judgment is a remedy against a final and

executory judgment. Therefore, a necessary allegation in the
complaint would be that there was in fact a judgment that has been
issued by the trial court, which judgment has become final.[Eagle
Realty vs. Republic, G.R. No. 151424, July 4, 2008]

4. Petitioner only learned about the existence of such judgment after two (2)
years from the date of said judgment, precluding him to file the ordinary
remedies of new trial, appeal, petition for relief from judgment or any other
appropriate remedy.

Note: The remedy of annulment of judgment may not be invoked

where the party has availed himself of the remedy of new trial, appeal,
petition for relief or other appropriate remedy and lost, or where he
has failed to avail himself of those remedies through his own fault or
 negligence. [Republic vs. G Holdings, Inc., G.R. No. 141241, November
22, 2005]

5. Petitioner learned about the existence of the adverse judgmenton [Date]when

[state relevant circumstances].

Example: “…when petitioner was informed by respondent (plaintiff) that

the latter would take steps to execute the judgment as the same had
apparently become final and executory for failure of petitioner (defendant)
to file a timely appeal.”

6. [State circumstance/s or reason/s that form the basis for petitioner’s

entitlement to an annulment of the adversejudgment.]

Annulment of Judgment may be granted on the following grounds:

(a) Extrinsic Fraud

The Court has held that extrinsic fraud is present in cases where a party (1) is
deprived of his interest in land, because of a deliberate misrepresentation that the
lots are not contested when in fact they are; (2) intentionally conceals facts and
connives with the land inspector, so that the latter would include in the survey
plan the bed of a navigable stream; (3) deliberately makes a false statement that
there are no other claims; (4) induces another not to oppose an application; (5)
deliberately fails to notify the party entitled to notice; or (6) misrepresents the
identity of the lot to the true owner, causing the latter to withdraw his opposition.
Fraud, in these cases, goes into and affects the jurisdiction of the court; thus, a
decision rendered on the basis of such fraud becomes subject to annulment. [see
Strait Times vs Court of Appeals, G.R. No. 126673, August 28, 1998]

The use of false evidence such as forged instruments and perjured testimonies is
instrinsic and not an extrinsic fraud since such evidence does not preclude a paty's
participation in the trial. [seeConde vs. Intermediate Appellate Court,G.R. No. L-
70443, September 15, 1986; Strait Times vs Court of Appeals, G.R. No. 126673,
August 28, 1998]

(b) Lack of Jurisdiction

In a petition for annulment of judgment based on lack of jurisdiction, the petitioner

must show not merely an abuse of jurisdictional discretion but an absolute lack of
jurisdiction. Thus, the concept of lack of jurisdiction as a ground to annul a
judgment does not embrace abuse of discretion. [Republic vs G Holdings, Inc., G.R.
No. 141241, November 22, 2005; see also Heirs of Maura So vs. Obliosca, G.R. No.
147082, January 28, 2008]

(c) Lack of Due process

While under Section 2, Rule 47 of the Rules of Court a Petition for Annulment of
Judgment may be based only on the grounds of extrinsic fraud and lack of
jurisdiction, jurisprudence recognizes lack of due process as additional ground to
annul a judgment. A final and executory judgment may still be set aside if, upon
mere inspection thereof, its patent nullity can be shown for having been issued
without jurisdiction or for lack of due process of law.[DionavsBalangue, G.R. No.
173559, January 7, 2013]

Attached herewith as Annex “B” is an affidavit by petitioner (defendant)

[and/or by other relevant individuals] attesting to the fraudulent scheme
 employed by respondent (plaintiff), which prevented petitioner (defendant)
from having his/her day in court and showing his/her good and valid
defenses.

7. Petitioner (defendant) has good and valid defenses against the claim/s of
respondent (plaintiff), namely, that [state defenses]

Examples:

“… that the amount claimed has been paid in full as shown by the
acknowledgment receipt herein attached as Annex “C”

“… that the claim is already barred by prescription under Article 1144 of

the Civil Code (based on written contract, 10 years) or Article 1145 of the
Civil Code (based on oral contract, 6 years).”

‘…that the instrument which formed the basis of the complaint in the lower
court is in fact null and void for being a forgery”

8. Petitioner was thus prevented, by the extrinsic fraud committed by the

respondent, and those acting for and in his behalf, from having his day in court and
in violation of his right to due process.

9. The instant petition is filed within four (4) years from the time that petitioner
learned of the extrinsicfraud committed in relation to the adverse judgment (or
proceeding) sought to be set aside.

If based on extrinsic fraud, the action must be filed within four years
from its discovery; and if based on lack of jurisdiction, before it is
barred by laches or estoppel. (Sec 3, Rule 47)

WHEREFORE, petitioner prays that the judgment of the [lower court]

dated [Date] be annulled and set aside, the case re-opened, and that petitioner
be allowed to present evidence, and thereafter, another judgment be rendered in
favor of petitioner dismissing respondent’s complaint.

Petitioner (defendant) further prays for such other reliefs as may be just
and equitable in the premises.

[Place] ___________; [Date] _______________________.

[Signature]
[Name of Counsel] ___________
Counsel for Petitioner
[Address] ______________
Roll No.
 IBP Receipt No.
MCLE Compliance No.

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, Petitioner, of legal age, do hereby state that: I caused this Petition for
Annulment of Judgment to be prepared; I have read its contents and affirm that
they are true and correct to the best of my own personal knowledge; I hereby
certify that there is no other case commenced or pending before any court
involving the same parties and the same issue and that, should I learn of such
a case, I shall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on [DATE]_____________.

[Signature]
[Name] _________________

SUBSCRIBED AND SWORN TO before me in the City of _______________

on this day of [Month], 20____, affiant exhibiting before me his Government
Issued ID No. _______________ issued on [Date]__________________ at [Place of
Issuance]_____________________.

[Signature]
[Name] _________________
Notary Public
Until [Date]__________________
PTR No. [Number] ____________
Issued at [Place]______________
On [Date] ___________________

Doc. No.
Page No.
Book No.
Series of 20 _____.

REQUEST FOR AND NOTICE OF HEARING

THE BRANCH CLERK OF COURT

[COURT] ____________
[BRANCH] ____________, [CITY] __________________

Please submit the foregoing Petitionto the Court for its consideration and
approval immediately upon receipt hereof and kindly include the same in the
court’s calendar for hearing on Friday, [DATE] at [TIME] in the
[MORNING/AFTERNOON].
[NAME] _____________________
[ADDRESS] _____________________________

Please take notice that counsel has requested to be heard on Friday,

[DATE] at [TIME] in the [MORNING/AFTERNOON].

[SIGNATURE]
[Name of Counsel]
Counsel for _________
[Address] ___________
Roll No. ____________
IBP No. _____________
issued on ________ at _____
PTR No. _____________
issued on ________ at _____
MCLE Compliance _________

PROOF OF SERVICE

[USE THE FOLLOWING IF SERVICE IS MADE PERSONALLY]

Copy furnished through personal service:

[Name of Counsel] __________________

Counsel for the Plaintiff/Respondent
[Firm Name] _______________
[Address] ________________

AFFIDAVIT

Republic of the Philippines )

City of _______________ )s.s.

I, [Name] _____ , of legal age and having been duly sworn, depose and
state that:

I am the messenger of [Name of Counsel or Law Firm] with office address

at [Address] __________________, counsel on record for __________ in the case
entitled _____ [Case Title] ___, Civil Case No ________, G.R. No. ______, and as
such messenger, I served upon the counsel of adverse party and other parties,
the Petition for Relief from Judgment (with Prayer for Injunction)filed in said
case as follows:

___[Name of Counsel or Law Firm]__, counsel of record for __

[Respondent] ___, by personal service by delivering personally copy of said
Petition for Relief from Judgment (with Prayer for Injunction)upon said lawyer,
who acknowledged receipt thereof [or who acknowledged the same though his
receiving secretary] as shown by his signature or initials on said pleading, this
__ [Date]__, 20___.

Note: if no person is found in his office, or if his office is not known, or he

has no office, then service is made by leaving a copy, between the hours of eight
in the morning and six in the evening, at the party’s or counsel’s residence, if
known, with a person of sufficient age and discretion then residing therein.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on

[Date] ________________, in the City of [City] _____________, Philippines.

[Signature]
[Name] _________________
Affiant

[USE THE FOLLOWING IF SERVICE IS NOT MADE PERSONALLY]

Copy furnished through registered mail:

[Name of Counsel] __________________

Counsel for the Respondent/Plaintiff
[Firm Name] _______________
[Address] ________________
Registry Receipt No. ________
Post Office ________________
Date _____________________

EXPLANATION

The foregoing Petition for Relief from Judgment (with Prayer for
Injunction)and its attachment/s were served on [Name of Counsel]
________________ by registered mail instead of personal service as counsel for
Respondent for the reason that [state reason] ___________________.

[Signature]
[Name] _________________

AFFIDAVIT

Republic of the Philippines )

City of _______________ )s.s.
 I, [Name] _____ , a messenger of [Name of Counsel], with office address at
[Address] __________________, after being duly sworn, deposes and states:

That on [Date] ______________________, I served a copy of the following

pleadings/papers by registered mail in accordance with Section 10, Rule 13 of
the Rules of Court:

Nature of Pleading/Paper
[STATE PLEADING/PAPER SENT]
________________________

in Case No. [CASE NUMBER] _________________ entitled [TITLE OF CASE]

____________________ by depositing a copy in the post office in a sealed envelope,
plainly addressed to [NAME OF PARTY/ATTORNEY] _______________ at
_______________ with postage fully paid, as evidenced by Registry Receipt No.
_____________________ attached and with instructions to the post master to
return the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on

[DATE] ________________, in the City of [CITY] _____________, Philippines.

[Signature]
[Name] _________________
Affiant