This case has been cited 1 times or more.
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2007-06-26 |
GARCIA, J. |
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| Secondly, and again as correctly ruled by the CA, petitioners failed to establish the existence of fraud, the other ground for annulment of judgment. "The kind of fraud that justifies the annulment of a judgment is extrinsic fraud. This refers to some act or conduct of the prevailing party which has prevented the aggrieved party from having a trial or presenting his case to the court, or was used to procure judgment without a fair submission of the controversy. Extrinsic fraud refers to acts outside the trial."[8] | |||||