All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ S. Remedies after Judgment Becomes Final ▸ 2. Annulment of Judgment - Rule 47

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S. Remedies after Judgment Becomes Final: Annulment of Judgment - Rule 47

1. Mr. Santos filed a complaint for damages against Mr. Reyes, his neighbor, before the Regional Trial Court (RTC). After trial, the RTC rendered a decision in favor of Mr. Santos and ordered Mr. Reyes to pay damages. Upon receipt of the decision, Mr. Reyes did not appeal the decision. The decision became final and executory. However, after a few months, Mr. Reyes discovered new evidence that could potentially change the outcome of the case. He believes that if this evidence was presented during the trial, he would have a strong chance of winning.

Advise Mr. Reyes on the following:

What legal remedy is available to Mr. Reyes to challenge the final and executory judgment?
What are the grounds and requirements for filing an annulment of judgment under Rule 47 of the Rules of Court?
What is the effect of the filing of an annulment of judgment case on the execution of the judgment?

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