Philippine Bar review · Question

Practice question: Annulment of Judgment (Rule 47)

Multiple Choice Hard

Practice question

A plaintiff in the original action commits the extrinsic fraud that ultimately causes annulment. On refiling, it claims Section8 always suspends prescription regardless of who committed the fraud. Which exception matters?
  1. Suspension does not apply where that extrinsic fraud is attributable to the original plaintiff
  2. The fraudulent plaintiff always receives suspension
  3. Annulment makes every claim imprescriptible
  4. Prescription automatically becomes fifty years
  5. Only the defendant’s preferred period applies

Legal references

  • Rules of Court, specified Rules42–47: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule47 Sections4–10.

Answer this question in flashcards to review your response and continue practicing.