This case has been cited 3 times or more.
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2008-08-26 |
REYES, R.T., J. |
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| The client was likewise spared from counsel's negligence in Government Service Insurance System v. Bengson Commercial Buildings, Inc.[51] and Ancheta v. Guersey-Dalaygon.[52] Said the Court in Bengson:But if under the circumstances of the case, the rule deserts its proper office as an aid to justice and becomes a great hindrance and chief enemy, its rigors must be relaxed to admit exceptions thereto and to prevent a miscarriage of justice. In other words, the court has the power to except a particular case from the operation of the rule whenever the purposes of justice require it.[53] II. Concealment of homosexuality is the proper ground to annul a marriage, not homosexuality per se. | |||||
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2007-06-26 |
GARCIA, J. |
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| There is extrinsic fraud within the meaning of Sec. 9 par. (2), of B.P. Blg. 129, where it is one the effect of which prevents a party from hearing a trial, or real contest, or from presenting all of his case to the court, or where it operates upon matters, not pertaining to the judgment itself, but to the manner in which it was procured so that there is not a fair submission of the controversy.[9] | |||||
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2007-06-26 |
AUSTRIA-MARTINEZ, J. |
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| When the ground invoked is extrinsic fraud, annulment of judgment must be sought within four years from discovery of the fraud, which fact should be alleged and proven.[22] In addition, the particular acts or omissions constituting extrinsic fraud must be clearly established.[23] | |||||