Camilo Sibal Vs. Pedro Buquel, et al.
G.R. No. 197825. January 11, 2016

Define extrinsic fraud that justifies the action of annulment of judgment.

According to Cosmic Lumber Corporation v. Court of Appeals, fraud is extrinsic

1.    when the unsuccessful party has been prevented from fully exhibiting his case, by fraud or deception practiced on him by his opponent, as by keeping him away, from court, a false promise of a compromise; or

2.    where the defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or

3.    where an attorney fraudulently or without authority connives at his defeat;

4.    these and similar cases which show that there has never been a real contest in the trial or hearing of the case are reasons for which a new suit may be sustained to set aside and annul the former judgment and open the case for a new and fair hearing.

As a ground for annulment of judgment, extrinsic fraud must arise from an act of the adverse party, and the fraud must be of such nature as to have deprived the petitioner of its clay in court. The fraud is not extrinsic if the act was committed by the petitioner's own counsel.


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