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

Sixteenth Congress
First Regular Session

1829

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 annul
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. It is available even if the judgment
had already been fully executed.!

Parenthetically, the policy behind the remedy of Annulment of Judgment is really the
mandate of the Constitution that “{nJo person shall be deprived of life, liberty and property
without due process of law x x x”.2 The attendance of extrinsic fraud, which deprives a person
of the right to be heard, and lack of jurisdiction, is failure to satisfy the requirements of
procedural due process.

Under the Rules of Court, jurisdiction over Annulment of Judgment is exercised by the
Court of Appeals. However, the remedy is not available against decisions of quasi-judicial

REGALADO |, Remedial Law Compendium (2010), p. 628; citing islamic Da’Wah Council of the Phil. Vs CA,
et al’ G.R. No, 80892 September 29, 1989.

2 CONSTITUTION, Article Il. Section 2,
In Banco Espanol Filipino V. Palanca, 37 Phil 921 (1918), the Supreme Court Laid down the essential
requirements of procedural due process:

(1) There must a court or tribunal clothed with judicial power to hear and determine the matter before
it;

(2) Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is
the subject of the proceedings;

(3) The defendant must be given an opportunity to be heard; and

(4) Judgement must be rendered upon lawful hearing;


agencies like the Securities and Exchange Commission. Energy, Regulatory Commission,
Housing and Land Use Regulatory Board, etc...The bill entitled “AN ACT EXPANDING THE
JURISDICTION OF THE COURT OF APPEALS AMENDING FOR THE PURPOSE SECTION
NINE OF BATAS PAMBANSA BLG. 129, AS AMENDED, KNOWN AS THE JUDICIARY
REORGANIZATION ACT OF 1980” therefore, seeks to include decisions of quasi-judicial
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 Blg, 1980, the “The Judiciary Reorganization Act of 1980". It is
conceded that the same principles apply, and kindred requirements obtain, in due process
before quasi-judicial agencies.

———7 aS

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‘THUR R. DEFENSOR, JR.


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

Sixteenth Congress
First Regular Session

1829

HOUSE BILL No.

Introduced by Honorable Arthur R. Defensor, Jr.

AN ACI EXPANDING THE JURISDICTION OF THE COURT OF APPEALS
AMENDING FOR THE PURPOSE SECTION NINE OF BATAS PAMBANSA BLG. 129, AS,
AMENDED, KNOWN AS THE JUDICIARY REORGANIZATION 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 shall exercis

“(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, INSTRUMENTALITIES, BOARDS
OR COMMISSIONS; and

“(3) Exclusive appellate 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 within the appellate jurisdiction
of the Supreme Court in accordance with the Constitution, SUCH AS:


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(A) ALL CASES IN WHICH THE CONSTITUTIONALITY OR VALIDITY OF
ANY TREATY, INTERNATIONAL OR EXECUTIVE AGREEMENT, LAW,
ORDINANCE, OR REGULATION IS IN QUESTION.

(B) ALL CASES INVOLVING THE LEGALITY OF ANY TAX, IMPOST,
ASSESSMENT, OR TOLL, OR ANY PENALTY IMPOSED IN RELATION
THERETO.

(C) ALL CASES IN WHICH THE JURISDICTION OF ANY LOWER COURT IS
IN ISSUE.

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

(B) ALL CASES IN WHICH ONLY AN ERROR OR QUESTION OF LAW IS
INVOLVED.

“The Court of Appeals shall 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, unless 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 (15) days following its publication in a
newspaper of general circulation.