You are on page 1of 1

A judgment is the final consideration and determination

by a court of the rights of the parties as those rights which


presently exist, upon matters submitted in an action or
proceeding. (Gotamco v. Chan Seng, 46 Phil. 542 [1924])

[A void judgment] is, in contemplation of law non-


existent and may be wholly disregarded. Such judgment
may be assailed any time, either directly or collaterally, by
means of a separate action or by resisting such judgment in
any action or proceeding whenever it is invoked. It is not
necessary to take any step to vacate or avoid a void
judgment; it may simply be ignored. (Vide Ancheta v.
Ancheta, 424 SCRA 725, 735 [2004]; Ramos v. CA, 180 SCRA
635, 649 [1989]) (Emphasis supplied.)

The Revised Rules of Court lay out these "separate


actions" in the form of Rules 47 (Annulment of Judgments or
Final Orders and Resolutions) where, inter alia, the judgment
is assailed as void for want of jurisdiction or for being obtained
by extrinsic fraud; and 65 (Certiorari), anchoring such an
action on grave abuse of discretion.

At any rate, “[a] void judgment for want of jurisdiction


is no judgment at all. All acts performed pursuant to it
and all claims emanating from it have no legal effect.”
(Tiu v. First Plywood Corporation, 629 Phil. 120, 133 [2010])
(Emphasis supplied.)

You might also like