2020-21 Procedure and Professional Ethics, Q12

Two years after receiving a copy of a decision rendered by a Regional Trial Court, a party engaged a counsel and asked them to work on reopening the case. The party explained that it took two years to find the best legal counsel available, and that counsel had to await two years to pass the #BestBarEver2020_21. After perusing the judgment and the case records, the counsel filed before the Court of Appeals a petition for annulment of judgment under Rule 47 of the Rules of Civil Procedure, asserting that the trial judge improperly assessed the evidence and misapplied a doctrine long adopted by the Supreme Court. Will the petition for annulment of judgment prosper? Explain briefly.

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What are the exclusive grounds for a petition for annulment of judgment under Section 2, Rule 47 of the Rules of Court?

Can a petition for annulment of judgment be filed if the remedy of appeal was lost through the petitioner's own fault?

How are mistakes in the trial judge's evaluation of evidence or legal doctrines classified under procedural law?

When does extrinsic fraud serve as a valid ground to annul a final judgment under Rule 47?

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What is the period for filing a petition for annulment of judgment based on extrinsic fraud under Rule 47?

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1. Grounds for Annulment
Under Section 2, Rule 47 of the Rules of Court, a petition for annulment of judgment may be grounded exclusively on extrinsic fraud or lack of jurisdiction. Extrinsic fraud refers to fraudulent acts committed by the prevailing party outside the trial that prevent the losing party from presenting their case. Lack of jurisdiction pertains to the court's absence of legal authority over the subject matter or person. Errors of judgment, such as misappreciating evidence or misapplying judicial precedents, do not constitute legal grounds for annulment of judgment under Rule 47.

2. Extraordinary Remedy Requisites
Annulment of judgment is an extraordinary remedy available only when the ordinary remedies of new trial, appeal, petition for relief, or other appropriate remedies are no longer available through no fault of the petitioner. A party who fails to file a timely appeal due to their own fault, negligence, or deliberate delay in securing legal counsel cannot resort to Rule 47. The remedy is not designed to replace lost statutory appeals or rescue litigants from the consequences of their procedural inaction.

3. Errors of Judgment
An error of judgment is one which the court may commit in the exercise of its jurisdiction, including mistakes in evaluating evidence, finding facts, or interpreting legal principles. Errors of judgment are reviewable only through a timely appeal or a petition for review, not through an action for annulment of judgment or certiorari. Because annulment of judgment under Rule 47 is strictly directed against fundamental jurisdictional defects or extrinsic fraud, asserting mere misapplication of Supreme Court doctrines cannot vest the appellate court with jurisdiction to annul a final judgment.

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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