relief from final judgement

rule 47

rule 38 filed 60 days from receipt of copy of decision and within 6 months from date of entry of
judgement same court same civil case number filing for relief of judgement rtc may annul mtc
final decision luzon development bank vs conquilla 470 scra movant in judgement of pleadings
include court motu propio and plaintiff summary judgement movant is either plaintiff or
defendant sec.6 after filing of petition for relief of judgement rule 41 sec.1 non appealable
cases

rule 65

collateral attack

rule 47

challenge final and executory judgement rtc and ca may annul judge ment of mtc or rtc for ca.
grounds extrinsic fraud- through no fault of filing party and is not available at the time for
petition of relief from judgement prevention of defeated party from presenting fully his
evidence during trial or securing judgement through fraudulent means from outside source
filed within 4 years from discovery, lack of jurisdiction over subject matter or over person of
defendant filed before barred by laches or estoppel and lack or denial of due process diona vs
balangue 1144 civ code period of filing within 10 years from accrual of action

sec. 9 bp 129 ca has jurisdiction to annul judgement of rtc sc cannot annul judgement no
annulment of judgement in crim cases

execution of judgement pending appeal if it is reversed restitution or relief as justice and equity
would warrant- motion for restitution and payment of damages

petition for relief of judgement grounds include fraud understood as extrinsic fraud accident
mistake excusable negligence

rule 39

execution, satisfaction and effecy of judgement

sec 2 execution pending appeal within 15 days from receipt of copy of decision court rendered
judgement must have jurisdiction of case and must possess original record of case must contain
good reasons such as perishability of goods subject of case , old age of winning party set which
will be basis of court for granting of appeal for hearing with copy furnished for adverse party
remedy to suupportstop execution pending appeal filing of supercedrnce bond judgement for
accounting judgement for support

dicretionary execution is same as execution pending appeal

compromise judgement final executory unappealable

small claims judgement final executory unappealable

ordinary execution motion for execution of judgement filed within 5 years from entry of
judgement sec. 6 entry of judgement is finality of judgement

remedy if went beyond 5 years for filing of ordinary execution motion is no longer annuled file
action for revival of judgement after 5 years but within 10 years from entry of judgement no
new trial will happen

levy of property personal first before real then if not available garnishment-preserve money in
bank for satisfaction of judgement

special judgement sec 11-not a money judgement or performance of conveyance or delivery of

instruments of deeds nor sale of property or restitution or delivery

sec. 13 properties exempt from execution family home unless for recovery of price of house or
foreclosure of mortgage ordinary tools for his livelihood legal support money and pension
money

return of writ of execution 5 years sheriff is bound to satisfy judgement in every 30 days sheriff
will report to court

47 b- barred by prior judgement res judicata

presupposes there is a former judgement in a former action is

same parties same subj matter same cause of action as to present action

3 identities parties

subj matter

cause of action

elements:
final judgement is former one

judgement based on merits

jurisdiction over subj matter

47 c- conclusiveness of judgement res judicata

same identity of parties same subject matter same issue as fomer action same issues

same former judgement over subj matter

litis pendentia

both actions pending either may be dismissed under rule 16

same parties

same subj matter

same cause of action