20 hence the instant petition as we stated the

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20 Hence, the instant petition . As we stated, the petitioner assails these twin resolutions on grounds of improper procedure . Specifically, he assigns the following errors: I. THE RESPONDENT COURT GRAVELY ABUSE [sic] ITS DISCRETION IN NOT DISMISSING AC G.R. NO. 07860 ON THE GROUND THAT IT IS IN REALITY A PETITION FOR CERTIORARI FILED OUT OF TIME AND SHOULD NOT BE GIVEN DUE COURSE. II. THE RESPONDENT COURT GRAVELY ABUSE [sic] ITS DISCRETION IN NOT DISMISSING AC G.R. NO. 07860 ON THE GROUND OF RES JUDICATA. III. THE RESPONDENT COURT GRAVELY ABUSE [sic] ITS DISCRETION IN NOT CONSIDERING AC G. R. 07860 AS MOOT AND ACADEMIC SINCE PETITIONER HAD DISPOSED OF THE SUBJECT PROPERTIES LONG BEFORE THE FILING OF THIS SUIT. IV. THE RESPONDENT COURT GRAVELY ABUSED ITS DISCRETION IN DENYING PETITIONER’S MOTION TO DISMISS SOLELY ON THE GROUND THAT THE ARGUMENT RAISED THEREIN ARE BUT REHASH OF THE ARGUMENTS IN HIS COMMENT TO THE PETITION. 21
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2/20/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 164 12/24 _______________ 20 The resolution was penned by Justice Jorge Imperial, with whom Justices Vicente Mendoza and Manuel Herrera concurred . The petition was apparently re-raffled to the Seventh Division of the Court of Appeals. See rollo, id., 152-153. 21 Id ., 17-18. 170 170 SUPREME COURT REPORTS ANNOTATED Canlas vs. Court of Appeals The petitioner argues that the petition pending with the respondent court “is actually a petition for certiorari,” 22 disguised as a pleading for annulment of judgment and that in such a case, it faces alleged legal impediments (1) It had been filed out of time, allegedly two years from the issuance of the assailed orders, and (2) It was not preceded by a motion for reconsideration. He adds that assuming annulment of judgment were proper, no judgment allegedly exists for annul-ment, the aforesaid two orders being in the nature of interlocu-tory issuances . On purely technical grounds, the petitioner’s arguments are impressive. Annulment of judgment, we have had occasion to rule, rests on a single ground: extrinsic fraud. What “extrinsic fraud” means is explained in Macabingkil v. People’s Homesite and Housing Corporation: 23 . . . It is only extrinsic or collateral fraud, as distinguished from intrinsic fraud, however, that can serve as a basis for the annulment of judgment. Fraud has been regarded as extrinsic or collateral, within the meaning of the rule, “where it is one the effect of which prevents a party from having a trial, or real contest, or from presenting all of his case to the court, or where it operates upon matters pertaining, not to the judgment itself, but of the manner in which it was procured so that there is not a fair submission of the contro-versy.” In other words, extrinsic fraud refers to any fraudulent act of the prevailing party in the litigation which is committed outside of the trial of the case, whereby the defeated party has been prevented from exhibiting fully his side of the case, by fraud or deception practiced on him by his opponent.
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  • Fall '17
  • Supreme Court of the United States, Appellate court

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