Philippine Bar review · Question

Practice question: Annulment of Judgment (Rule 47)

Multiple Choice Hard

Practice question

A losing party presents a case of alleged lying by a trial witness that it fully contested at trial, then calls any adverse credibility finding extrinsic fraud. No exclusion from the opportunity to litigate is established. Which is best?
  1. Every contested witness statement necessarily equals extrinsic fraud
  2. The losing party’s label is conclusive
  3. The court must distinguish fraud preventing a fair opportunity to present the case from matters intrinsic to the contested trial; ordinary relitigation does not establish the asserted ground
  4. All adverse credibility rulings remove jurisdiction
  5. An affidavit automatically annuls judgment

Legal references

  • Rule47 Section2; G.R.256612, June14 2023, main decision: https://lawphil.net/judjuris/juri2023/jun2023/gr_256612_2023.html

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