S.A 2020/21 B.E REMEDIAL LAW | Question #12

  

SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN REMEDIAL LAW #RemedialLaw #PreviousBarQuestions Code: S.A 2020/21 B.E REMEDIAL LAW | Question #12


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 BAR QUESTION | 


Two years after receiving a copy of a decision rendered by a Regional Trial Court, a party engaged a counsel and asked them to work on reopening the case. 


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The party explained that it took two years to find the best legal counsel available, and that counsel had to await two years to pass the #BestBarEver2020_21. 


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After perusing the judgment and the case records, the counsel filed before the Court of Appeals a petition for annulment of judgment under Rule 47 of the Rules of Civil Procedure, asserting that the trial judge improperly assessed the evidence and misapplied a doctrine long adopted by the Supreme Court.

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 Will the petition for annulment of judgment prosper? Explain briefly.




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SUGGESTED ANSWER |


No, the petition for annulment of judgment will not prosper. 





A petition for annulment of judgment under Rule 47 may be filed only on any of three grounds: extrinsic fraud, lack of jurisdiction and lack of due process (under case law). 


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The ground cited by counsel – that the trial judge improperly assessed the evidence and misapplied a doctrine long adopted by the Supreme Court -- is not among them.


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