2014 Remedial Law, Q20

Tom Wallis filed with the Regional Trial Court (RTC) a Petition for Declaration of Nullity of his marriage with Debi Wallis on the ground of psychological incapacity of the latter. Before filing the petition, Tom Wallis had told Debi Wallis that he wanted the annulment of their marriage because he was already fed up with her irrational and eccentric behaviour. However, in the petition for declaration of nullity of marriage, the correct residential address of Debi Wallis was deliberately not alleged and instead, the residential address of their married son was stated. Summons was served by substituted service at the address stated in the petition. For failure to file an answer, Debi Wallis was declared in default and Tom Wallis presented evidence ex-parte. The RTC rendered judgment declaring the marriage null and void on the ground of psychological incapacity of Debi Wallis. Three (3) years after the RTC judgment was rendered, Debi Wallis got hold of a copy thereof and wanted to have the RTC judgment reversed and set aside. If you are the lawyer of Debi Wallis, what judicial remedy or remedies will you take? Discuss and specify the ground or grounds for said remedy or remedies. (5%)

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What is the proper judicial remedy before the Court of Appeals to annul a final RTC judgment obtained through extrinsic fraud?

Within what period must a Rule 47 petition for annulment of judgment based on extrinsic fraud be filed?

What type of fraud justifies the filing of a petition for annulment of judgment under Rule 47?

Why is substituted service of summons at the residence of a married son invalid against a parent living elsewhere?

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What is the legal effect on a judgment when a trial court fails to acquire jurisdiction over the person of the defendant?

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1. Rule 47 Annulment
Under Rule 47 of the Rules of Court, a petition for annulment of judgment is an extraordinary remedy available to set aside a final judgment of the Regional Trial Court. It may be grounded exclusively on extrinsic fraud or lack of jurisdiction. This remedy is available only when the ordinary remedies of new trial, appeal, petition for relief from judgment, or other appropriate remedies are no longer available through no fault of the petitioner, provided the petition is filed within the reglementary period.

2. Extrinsic Fraud Ground
Extrinsic fraud refers to any fraudulent scheme or act executed by the prevailing party outside of the trial which prevents the losing party from presenting a full and fair defense in court. Deliberately concealing the true residential address of the defendant in a petition to prevent service of summons constitutes extrinsic fraud. Under Rule 47, a petition for annulment based on extrinsic fraud must be filed before the Court of Appeals within four years from the discovery of the fraud.

3. Jurisdiction Over Person
Service of summons is the procedural means by which a trial court acquires jurisdiction over the person of the defendant in a civil action. Substituted service at an improper address or at the residence of a relative who does not reside with the defendant is invalid and ineffective. Where summons is not validly served and the defendant does not voluntarily appear, the judgment rendered by the trial court is null and void for lack of jurisdiction over the person.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026