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Sec 1. it may require the refusing party or deponent or the counsel advising
the refusal, or both of them, to pay the proponent the amount of the reasonable
expenses incurred in obtaining the order including attorney's fees.
Expenses and attorney's fees against the Republic of the Philippines are not to
be imposed.
A petition provided for in either of the preceding sections of this Rule must be verified, filed
within sixty (60) days after the petitioner learns of the judgment, final order, or other proceeding
to be set aside, and not more than six (6) months after such judgment or final order was
entered, or such proceeding was taken.
22. Three years after the receipt of the adverse judgment, the defendant filed a
petition to annul the judgment on the ground of extrinsic fraud. Such fraud,
according to the petitioner, was discovered by him a week following his and his
lawyers receipt of the judgment. If you were the judge, will you grant the
petition?
Answer: Yes, the petition should be granted as it is filed within 4 years from the
discovery of such intrinsic fraud. (Rule 47, Sec. 3)
As a general rule, extrinsic fraud as a ground for the annulment of judgment is only
proper when it was not, or could not have been availed of, in a motion for new trial or
petition for relief. (Rule 47, Section 2, par. 2)
In this case, motion for new trial was not and could not have been availed of because it
is already beyond the period for perfecting an appeal when the said extrinsic fraud was
discovered. (Rule 31, Section 1)
Relief of judgment could not have been availed of in this case because the period for
filing such (within 60 days after petitioner learns of the judgment, final order, etc. and not
more than 6 months after such judgment or order was entered) had already lapsed.
(Rule 38, Section 3)
24. During the pendency of a petition for relief from judgment, what would you file
in order to prevent the judgment from being executed in the meantime?
Rule 38, Sec. 5 states:
The court in which the petition is filed may grant such preliminary injunction as may
be necessary for the preservation of the rights of the parties, upon the filing by the
petitioner of a bond in favor of the adverse party, conditioned that if the petition is
dismissed or the petitioner fails on the trial of the case upon its merits, he will pay the
adverse party all damages and costs that may be awarded to him by reason of the
issuance of such injunction or the other proceedings following the petition, but such
injunction shall not operate to discharge or extinguish any lien which the adverse party
may have acquired upon, the property, of the petitioner.
25. How may the following decisions be appealed?
a. decision of the MTC rendered in its appellate jurisdiction Rule 40, Sec. 3.
The appeal is taken by filing a notice of appeal with the court that rendered the
judgment or final order appealed from. The notice of appeal shall indicate the parties to
the appeal, the judgment or final order or part thereof appealed from, and state the
material dates showing the timeliness of the appeal.
A record on appeal shall be required only in special proceedings and in other cases of
multiple or separate appeals.
The form and contents of the record on appeal shall be as provided in section 6, Rule
41.
Copies of the notice of appeal, and the record on appeal where required, shall be
served on the adverse party. (n)