Formato de planeación

1. Parties are to be designated as petitioner / respondent and is to apply 800

to cases of Certiorari, Prohibition, Mandamus, Quo Warranto and to petitions for annulment of judgment under Rule 47 801

CONTENTS OF PETITION – FILING – EFFECTS OF NON COMPLIANCE 1. Petitions filed before the Court of Appeals must contain the following: (a) identification of the parties, a concise statement of matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for (b)statement of material dates, and in a Rule 65 Petition, material dates are dates of notice of judgment or final order, when a motion for new trial or reconsideration was filed, if any, and when notice of denial was received (c) clearly legible duplicate originals or certified true copy of the attachments (d)certification against forum shopping (5)docket fees / deposit for cost. 802

1.1 Failure to comply is sufficient ground for dismissal of the petitions.

Supra, Section 4, Rule 43

797

Supra, Section 12, Rule 43

798

Republic v Bernardez-Lorino, 449 SCRA 57

799

Supra, Section 1, Rule 46

800

Supra, Section 2, Rule 46

801

Supra, Section 3, Rule 46

2. A certified true copy is one the certification of which is made by the proper clerk of court or his duly authorized representative. 803

HOW DOES THE COURT ACQUIRE JURISIDICTION

1. Jurisdiction over the person or the respondent is acquired by service of order or resolution indicating initial action on the petition or voluntary submission to jurisdiction. 804

ACTION TO BE TAKEN BY THE COURT OF APPEALS

1. The court may dismiss the petition outright with specific reasons OR require the filing of a comment within 10 days from notice.

1.1 Only pleadings required to be filed may be filed. Other pleadings will require leave of court. 805

2. If factual issues are to be resolved, the Court of Appeals can conduct hearings or delegate reception of evidence on such issues to any of its members or to an appropriate court / agency / office. 806

3. If comment is not filed, it may be decided on the basis of the record without prejudice to any disciplinary action against disobedient party. 807

4. The court, if the petition is not dismissed outright:

4.1 Can call the parties / counsel to a preliminary conference, the object of which is to : (a) consider compromise agreements, except when case is not allowed to be compromised (b) define, simplify and clarify issues (c)formulate stipulation of facts and admissions of documentary exhibits, limit the number of witnesses in cases falling within its original jurisdiction or those within its appellate jurisdiction where a motion for new trial is granted on newly discovered evidence (d) other matters that may aid in prompt disposition of the case. 808

Paras v Baldado, 354 SCRA 141

803

Supra, Section 4, Rule 46

804

Supra, Section 5, Rule 46

805

Supra, Section 6, Rule 46

806

Supra, Section 7, Rule 46

807

Supra, Section 1, Rule 48

4.2 Record of proceedings is made and a Resolution embodying actions shall be issued which shall be binding upon parties and control subsequent 809

proceedings unless within 5 days from notice, it can be shown by valid cause why it should not be followed or there is need for modifications to prevent manifest injustice 810

4.3 At its own instance or by motion, to hear the parties in oral argument on the merits of the case or on any material incident and is limited to such matters as the court may specify in its order or resolution. 811

4.4 In the conduct of oral arguments, unless authorized, only 1 counsel may argue for a party. Duration, sequence and all related matters shall be as directed by the Court. 812

4.5 Motions are not set for hearing, and unless directed by the court, no hearing or oral arguments shall be allowed in support thereof. The adverse party may file objections within 5 days from notice. Upon expiration of the period, it is submitted for resolution. 813

RULE 47-ANNULMENT OF JUDGMENT

1. Annulment of judgment covers judgments of the Regional Trial Court for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner 814

1.1 An important condition for the availment is that the petitioner failed to move for new trial, or appeal from, or file a petition for relief against, or take other appropriate remedies through no fault attributable to him.

1.2 If he failed to avail of the other remedies through his own fault, he would then benefit from his inaction or negligence. 815

Supra, Section 2, Rule 48

809

Supra, Section 3, Rule 48

810

Supra, Section 1, Rule 49

811

Supra, Section 2, Rule 49

812

Supra, Section 3, Rule 49

813

Supra, Section 1, Rule 47

814

Manipor v Ricafort, 407 SCRA 298

1.3 He must allege non availment of other remedies through no fault of the petitioner, otherwise the petition will be dismissed. 816

1.4 Note that the correctness of the judgment is not in issue in a petition for annulment of judgment. 817

2. It is a remedy that may be availed of by those who are not even parties to the judgment or to annul even judgments that have been fully executed. 818

3. It is available only on grounds of: (a) Extrinsic Fraud but only when it was not availed of or could have been availed of in a motion for new trial or petition for relief or (b) Lack of Jurisdiction

3.1 There is extrinsic fraud when the unsuccessful party had been prevented from exhibiting fully his case, by fraud or deception practice upon him by his opponent, as keeping him away from the court, or where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff. 819

4. The period for its filing if based on extrinsic fraud is within 4 years from its discovery, or if based on lack of jurisdiction before it is barred by laches or estoppel. 820

FILING / CONTENTS OF THE PETITION

1. Filing is by verified petition alleging therein with particularity, the facts and the law relied upon for annulment as well as supporting petitioner’s good and substantial cause of action / defense, as the case may be. Containing (a) certified true copy of judgment / final order / resolution shall be attached to the original copy intended for the court (b) affidavits of witnesses (c) certification against forum shopping 821

WHAT THE COURT OF APPEALS WILL DO UPON FILING

1. If no substantial merit, it will be dismissed outright with specific reasons for such dismissal.

Ancheta v Ancheta, 424 SCRA 725

816

Republic v Heirs of Sancho Magdato, 340 SCRA 115

817

Malolos v Dy, 325 SCRA 827

818

Leonardo v ST Best, 422 SCRA 347

819

Supra, Section 3, Rule 47

820

Supra, Section 4, Rule 47

2. If prima facie merit be found, it shall be given due course and summons shall be served on the respondent. If so, procedure in ordinary civil cases shall be followed but reception may be referred to a member of the Court or a Regional Trial Court judge. 822

EFFECT OF JUDGMENT IN A PETITION FOR ANNULMENT

1. It shall set aside the questioned judgment / final order / resolution and render the same null and void, without prejudice to the re-filing of the original action in the proper court .

1.1 However, where it is set aside by reason of extrinsic fraud, the court on motion, may order the trial court to try the case again as if a timely motion for new trial has been granted therein. 823

1.2 The prescriptive period for the re-filing of the original action shall be deemed suspended from the filing of such original action until finality of the judgment of annulment. However, the prescriptive period is or shall not be suspended where extrinsic fraud is attributable to the plaintiff is original action. 824

SCOPE OF RELIEF

1. It may include award of damages, attorney’s fees and other relief. If already executed, restitution or other relief as justice / equity may warrant. 825

2. It also applies to a petition for annul the judgment of an MTC but is to be filed with the RTC and treated as an ordinary civil action. 826

2.1 All sections except Section 5 pertaining to dismissal or determination of prima facie merit shall apply.