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?
- Every contested witness statement necessarily equals extrinsic fraud
- The losing party’s label is conclusive
- 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
- All adverse credibility rulings remove jurisdiction
- 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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