Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
Second Regular Session

5721

HOUSE BILL NO.

Introduced by Honorable Arthur R. Defensor, Jr

EXPLANATORY NOTE

Annulment of Judgment is a remedy under Rule 47 of the Rules of Court to annu}
judgments, final orders and resolutions of the Regional Trial Court in civil cases. It is
independent of the case where the judgment sought to be annulled was rendered. It is only
based on grounds of extrinsic fraud and lack of jurisdiction. 11 is available even if the judgment
had already been fully executed.

Parenthetically, the policy behind (he remedy of Annulment of Judgment is really the
amandate of the Constitution that “[nJo person shall be deprived of life, liberty and property
without due process uf law x x x"2'The attendance of exttinsic fraud, which deprives a person
of the right to be heard, and lack of jurisdiction, is failure to satis(y the requirements of
procedural due process>

Under the Rules of Court, jurisdiction over Anmulment of judgment is exercised by the
Court of Appeals. However, the remedy is not available against decisions in quasi-judicial
agencies like the Securities and Exchange Commission, finengy Regulatory Commission,
Housing and Land Use Regulatory Board, etc.. The bill entitled ” AN ACT EXPANDING THE
TCRISDICHION OF THE COURT OF APPEALS, AMENDING FOR THE PURPOSE SECTION
NE OF BATAS PAMBANSA BLG, 129, AS AMENDED, KNOWN AS THE JUDICIARY
REORGANIZATION ACT OF 1980", therefore, seeks to include decisions of quasi-judicial

: RIGALADO L Remuesiial Lave Compendium (20101 p. 628: cling islamic Ma! ish Cero of the Phi. 88 CA, ot ab, GR. No.

RIRY2, September 29, 1989,

e CONSTITUTION, Article Il Sect 1

. In Brace Espanol Filipics ». Palen, 37 Phal 921 UIA), the Supreme Court laid down the essential requirements ot

procedural due process:

11) There musta cout of leibunat clothed with judicial pon ur to hear and determine the matter belore i;

©) Tumriclion mast he lawfully acquired over the person of the defendant or over the pruperty which isthe s=byectof tse
proceedings:

08) The defendant must be given a0 opportunity te be hears ane

G1 Inddgemeat must be cendlered upon Lawtul hearing.


agencies against which the remedy of Annulment of Judgment shall be available. This is
achieved by adding decisions of quasi-judicial agencies to judgments of Regional Trial Courts in
Section 9 of Batas Pambansa Bly. 1980, the “The Judiciary reorganization Act of 1980". It is
conceded that the same principles apply, and kindred requirements obtain, in due process

betore quasi-judicial agencies.
THUR R. DEFENSOR, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

Fifteenth Congress
Second Regular Session

e 8721

HOUSE BILL No, ___

Introduced by Honorable Arthur R. Defensor, Jr.

AN ACT EXPANDING THE JURISDICTION OF THE COURT OF APPEALS,
AMENDING FOR THE PURPOSE SECTION NINE OF BATAS PAMBANSA BLC.
129, AS AMENDED, KNOWN AS THE JUDICIARY REORGANIZAITON ACT OF
1980.

Section 1, Section 9 of Batas Pambansa Blg. 129, as amended, known as the
Judiciary Reorganization Act of 1980, is hereby further amended to read as follows:

"Sec. 9. Jurisdiction. - The Court of Appeals shalll exercise:

“(1) Original jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether
or not in aid of its appellate jurisdiction,

"(2) Exclusive original jurisdiction over actions for annulment of judgment
of Regional Trial Courts AND QUASI-JUDICIAL AGENCIES, INSTRUMENT ALITIES,
BOARDS OR COMMISIONS; and

“43) Exclusiv. .,, .date jurisdiction over all final judgments, decisions,
resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, and the Civil Service Commission, except


those falling within the appellate jurisdiction of the Supreme Court in accordance with
the Constitution, SUCH AS:

(A) ALL CASES IN WHICH tHE CONSTTTUTIONALITY OR VALIDITY
OF ANY fREATY, INTERNATIONAL OR EXECULIVE
AGREEMENT, LAW, ORDINANCE, OR REGULATION IS IN
QUESTION.

(B) ALI. CASES INVOLVING THE LEGALITY OF ANY TAX, IMPOSL.
ASSFSSMENT, OR TOLL, OR ANY PENALTY IMPOSED IN
RFILATION THERETO.

(Q)ALL CASES TN WEHCH THE JURISDICTION OF ANY LOWER
COURT ISIN ISSUE.

(D)ALL CRIMINAL CASES IN WHICH THE PENALTY IMPOSED IS
RECLUSION PERPFTUA OR HIGHER.

(BE) ALT. CASES IN WHICH ONT.Y AN ERROR OR QUFSTION OF LAW
JS INVOLVED.

“The Court of Appeals shal] have the power to try cases and conduct, receive evidence
and perform any and all acts necessary to resolve factual issues raised in cases falling
within its original and appellate jurisdiction, including the power to grant and conduct
new trials or further proceedings. Trials or hearings in the Court of Appeals must be
continuous and must be completed within three (3) months, uniess extended by the
Chief Justice.”

Section 2. All provisions of laws and rules inconsistent with the provisions of
this Act are hereby repealed or amended accordingly.

Section 3, ‘This Act take effect after fifteen (13) days following its publication in a
newspaper of general circulation.