Practice question
A personal judgment was entered against a defendant who had no valid service, no voluntary submission and no other lawful personal-jurisdiction basis. Actual voidness is properly established through the appropriate remedy. May the creditor defeat that remedy solely by invoking the passage of the ordinary appeal period?
- The recognized void-judgment exception must be addressed.
- Every judgment becomes valid solely through elapsed time.
- Finality automatically supplies missing personal jurisdiction.
- The creditor’s preference cures every fundamental defect.
- Void and valid judgments are categorically indistinguishable.
Legal references
- DOST Officials and Personnel v. Commission on Audit, G.R. No. 253218, February 4, 2025, main decision, finality and its exceptions: https://lawphil.net/judjuris/juri2025/feb2025/gr_253218_2025.html
- Atup v. People, G.R. Nos. 229395 and 252705, November 10, 2021, main decision, limits of clerical and nunc pro tunc correction: https://lawphil.net/judjuris/juri2021/nov2021/gr_229395_2021.html
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