February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199724 : February 13, 2012]
APOLINARIO VENTURA v. FLORENCIA VENTURA, AS REPRESENTED BY LEONORA V. GARCIA
G.R. No. 199724 (Apolinario Ventura v. Florencia Ventura, as represented by Leonora V. Garcia).
RESOLUTION
After a review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in the challenged Resolutions dated July 14, 2011 and December 6, 2011 as to warrant the exercise by the Court of its discretionary appellate jurisdiction.
In the case of Lopez v. Esquivel, Jr.,[1] the Court ruled that the purpose of an action for annulment of judgment is to have the final and executory judgment set aside so that there will be a renewal of litigation. It is resorted to in cases where the ordinary remedies of new trial, appeal, petition for relief from judgment, or other appropriate remedies are no longer available through no fault of the petitioner, and is based on only two grounds: extrinsic fraud, and lack of jurisdiction or denial of due process. It is essential that he can prove his allegation that the judgment was obtained by the use of fraud and collusion and he would be adversely affected thereby.
Here, petitioner did not present any proof other than his bare allegations of the existence of extrinsic fraud, which under the rules should come from the opponent and not from one's counsel. (Velasco, Jr., J., on official leave; Carpio, J., designated additional member, per Special Order 1185 dated February 10, 2012.)cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] G.R. Nos. 168734 and 170621, April 24, 2009, 586 SCRA 545, 577-578.