Remedial Law, 2019 Bar — Question B.11-b

ESSAY

Mr. X filed a complaint for sum of money against his old friend, Mr. Y. In order to ensure that Mr. Y would not be able to file a responsive pleading and much more, participate in the case, Mr. X paid off Mr. Y’s counsel, Atty. Z, who deliberately let the case proceed as such without his client’s knowledge. Eventually, judgment was rendered on March 1, 2016 in Mr. X’s favor, a copy of which was received by Atty. Z on April 4, 2016. Bothered by his conscience, Atty. Z brought the copy of the decision to Mr. Y on June 1, 2016, thereby surprising the latter and causing him grief. Meanwhile, the decision became final and executory in due course on April 19, 2016. Thereafter, Mr. Y took steps in vindicating his rights, which culminated on August 15, 2016 when he, as represented by a new counsel, filed a petition for annulment of judgment before the Court of Appeals (CA) on the ground of extrinsic fraud. The CA dismissed the petition on the ground that Mr. Y failed to submit a satisfactory explanation as to why he directly resorted to a petition for annulment of judgment, when he could have filed a petition for relief from judgment. Was the CA’s dismissal of Mr. Y’s petition for annulment of judgment proper? Explain.

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