HOUSE OF SSENTATIVES,

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES 03 AUG 2016
~: DATE:
Quezon City, Metro Manila
qiwe: A
By.
Seventeenth Congress
First Regular Session

2428

RECSTRATION UNIT
BILLS AND ANGEX SERVICE

HOUSE BILL Ni

Introduced by Honorable Arthur R. Defensor, Jr.

wo * 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

1 REGALADO I, Remedial Law Compendium (2010), p. 628; citing Islamic Da’Wah Council of the
Phil. Vs. CA, et al’ G.R. No. 80892 September 29, 2989.

2 CONSTITUTION, Article IIL. Section 1
3 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;
@) Jurisdiction must be lawfully acquired over the person of the defendant or over the

property which is the subject of the proceedings;
@) The defendants must be given an opportunity to be heard; and
(4) Judgment must be rendered upon lawful hearing;



quasi-judicial 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.



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

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 2428

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 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 Exercise:

“(1) Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary
writs of 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

“@) 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:

(A) ALL CASES IN WHICH THE
CONSTITUTIONALITY OR VALIDITY OF ANY
TREATY, INTERNAIONAL OR EXECUTIVE


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AGREEMENT, LAW, ORDINANCE, OR
REGULATION IS IN QUESTION.

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

(Q ALL CASES IN WHICH THE JURISDICTION OF
ANY LOWER COURT ISIN AISSUE.

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

(E) 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 and 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 shall take effect after fifteen (15) days following its
publication in newspaper of general circulation.