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through NO FAULT of the petitioner

Grounds: J/FO is entered, or Exclusive pd of filing

Proceeding is taken against him through 1) Extrinsic Fraud

FAME -not have been availed of or 4 years from Discovery

could have been availed of MNT/PR- failure to act on J/FO/P are due to FAME 2) Lack of Jurisdiction before it is bar by

- also applies failure to take on appeal due to FAME - subject matter laches (inaction)

- parties or estoppel (act of recognition)

OBJECT J/FO/P be set aside or Final and executor judgment set asisde

that the appeal be given due course so there will be a renewal of litigation

Basis: premised on equity

should be granted only in exceptional circumstances available to parties or strangers to the case

Not available

1) cases covered by summary procedure (PRJ prohibited pleading) 1) judgments of quasijudicial bodies or agencies by CA are not covered (Rule 43)

2) if it is a decision of CA 2) if MNT, Appeal or PR has already been availed or where such remedies3) if other remedies in law are available was lost due to his fault or negligence

4) available only against a final and executory judgment

How Verified Petition verified petition

Where in the same case RTC CA

in the same court where J/FO was entered or

where Proceeding is taken

When within but not more than Extrinsic Fraud - 4 years from discovery

60 days after he learns of J/FO/P 6 mon hts after entry j/FO or Lac k o f ju risdiction - b efore it is barred by lach es or estoppel

such Proceeding taken

-notice

XPT: Judgment of compromise

6 mos pd run from

date of rendition of J

-because Judgment upon

compromise are immediately

executory

Procedure

1) filing of a verified petition 1) File verified petition

-accompanied by affidavits showing 2) Follow ordinary civil procedure

FAME and 3) it will be treated as an ordinary civil action

Facts showing Petitioner's good ans substantial cause of action Consequence of f il ing

or defense No substantial Merit Prima facie Merit

Rule 47Rule 38

Petion for Rel ief from Judgments, orders, or other proceedings Annulment of Judgment or Final Orders or Resolutions

Ordinary remedies (MNT, A, PR ) are no longer available

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2) Court will ORDER DISMISS 1) COC issue summons to the

-requiring adverse party to ANSWER within 15 days, and Remedy: defendant

if warranted, WRIT of INJUCTION may be issued MR 2) Reception of evidence

3) Ad verse pa rtu answers (bu t he c anno t b e d elc ared in defau lt, if he fails) App ea l Ru le 45 (CA to SC) may be delagated

4) Court hears and may grant relief (because it is independent 3) Defendant may file MD

of the case where 4) Court may motu pro pio

GRANTED DENIED judgment sought to be annulled) dismiss, if it ha no jurisdiction

1) asssailed FO/J/P is set aside, Not appealable over subject matterCourts conduct new hearing, as if a MNT has been Remedy is : (if MTC to RTC - not appealble) 5) if Granted based on LJ

granted. Rule 65 Certiorari - J/ FO will be set aside and

(In effect there are 2 hearings: rendring the same null and void

1st - at to the merits of the petition - w/o prejudice in refiling an

2nd- as to the merits of the original action in proper court

principal case 6) if based on Extrindic fraud,

may order Trial court,

Remedy on 2nd case: as of MNT has been granted

MNT/ MR

appeal

filed before judgment becomes final filed after a judgment becomes final

applies to J/ FO applies to J/FO /Proceedings

inc ludes Newly D iscovere Evidence Limited to FAME

filed within pd of perfecting appeal f iled within 60 days from knowledge

6 months from entry

if denied, appealable if denied, does not allow appeal

legal remedy Remedy in equity

requires no verification needs to be verified

P relief MNT