A judgment attains finality after the expiration of the period to file a motion for reconsideration or an appeal.
The exceptions are concerned only with corrections on the original judgment or in declaring a judgment void.These include a petition for relief from judgment or a petition for annulment of judgment under Rule 38 and Rule 47, respectively, of the Rules of Civil Procedure.The case of Macabingkil v.
“The overriding consideration when extrinsic fraud is alleged is that the fraudulent scheme of the prevailing litigant prevented the petitioner from having his day in court. Nonetheless, extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief” .
This means the remedy, although seen as ‘a last remedy,’ is not an alternative to the ordinary remedies of new trial, appeal and petition for relief” G.R. 159926, January 20, 2014). Pinausukan brought the petition for annulment to the Court of Appeals, seeking the nullification of the order of dismissal.
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