Case No. 2 - Spouses Benatiro v. Heirs of Evaristo Cuyos, G.R. No. 161220, July 30, 2008

SUPREME COURT REPORTS ANNOTATED VOLUME 560 2/12/22, 10:03 AM
SO ORDERED.
Ynares-Santiago (Chairperson), Chico-Nazario,

Nachura and Reyes, JJ., concur.
Judgment affirmed with modification.
Notes.·The visitorial and enforcement powers of the

DOLE Regional Director to order and enforce compliance
with labor standard laws can be exercised even when the
individual claim exceeds 5,000.00. (Cirineo Bowling Plaza,
Inc. vs. Sensing, 448 SCRA 175 [2005])
The law does not consider as valid any agreement
whereby a worker agrees to receive less compensation than
what he is entitled to recover. (Lopez Sugar Corporation vs.
Franco, 458 SCRA 515 [2005])
··o0o··
G.R. No. 161220. July 30, 2008.*
SPOUSES GORGONIO BENATIRO and COLUMBA

CUYOS-BENATIRO substituted by their heirs, namely:
Isabelita, Renato, Rosadelia and Gorgonio, Jr., surnamed
Benatiro, and SPOUSES RENATO C. BENATIRO and
ROSIE M. BENATIRO, respondents, vs. HEIRS OF
EVARISTO CUYOS, namely: Gloria Cuyos-Talian,
Patrocenia Cuyos-Mijares, Numeriano Cuyos, and Enrique
Cuyos, represented by their attorney-in-fact, Salud Cuyos,
respondents.
Actions; Annulment of Judgment; Due Process; The remedy of

annulment of judgment is extraordinary in character and will not so
easily and readily lend itself to abuse by parties aggrieved by final
judgments; Although Section 2 of Rule 47 of the Rules of Court pro-
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_______________
* THIRD DIVISION.
479
vides that annulment of a final judgment or order of an RTC may be

based „only on the grounds of extrinsic fraud and lack of
jurisdiction,‰ jurisprudence recognizes denial of due process as
additional ground therefor.·The remedy of annulment of judgment
is extraordinary in character and will not so easily and readily lend
itself to abuse by parties aggrieved by final judgments. Sections 1
and 2 of Rule 47 impose strict conditions for recourse to it, viz.:
Section 1. Coverage.·This Rule shall govern the annulment by the
Court of Appeals of judgments or final orders and resolutions in
civil actions of Regional Trial Courts for which the ordinary
remedies of new trial, appeal, petition for relief or other appropriate
remedies are no longer available through no fault of the petitioner.
Section 2. Grounds for annulment.·The annulment may be based
only on the grounds of extrinsic fraud and lack of jurisdiction.
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. Although Section 2 of Rule 47 of the Rules of Court provides
that annulment of a final judgment or order of an RTC may be
based „only on the grounds of extrinsic fraud and lack of
jurisdiction,‰ jurisprudence recognizes denial of due process as
additional ground therefor.
Same; Same; Same; Words and Phrases; „Extrinsic Fraud,‰
Explained; While the Court finds that the Court of Appeals correctly
annulled the trial court Order approving the compromise agreement
embodied in the CommissionerÊs Report, the Court finds that it
should be annulled not on the ground of extrinsic fraud, as there is
no sufficient evidence to hold the Commissioner or any of the heirs
guilty of fraud, but on the ground that the assailed order is void for
lack of due process.·An action to annul a final judgment on the
ground of fraud will lie only if the fraud is extrinsic or collateral in
character. Extrinsic fraud exists when there is a fraudulent act
committed by the prevailing party outside of the trial of the case,
whereby the defeated party was prevented from presenting fully his
side of the case by fraud or deception practiced on him by the
prevailing party. Fraud is regarded as extrinsic where it prevents a
party from having a trial or from presenting his entire case to the
court, or where it operates upon matters pertaining not to the
judgment itself but to the manner in which it is procured. The
overriding consideration when extrinsic fraud is alleged is that the
fraudulent scheme of the prevailing litigant prevented a party from
having his day in court. While we find that the CA correctly
annulled the CFI Order dated
480
December 16, 1976, we find that it should be annulled not on the

ground of extrinsic fraud, as there is no sufficient evidence to hold
Atty. Taneo or any of the heirs guilty of fraud, but on the ground
that the assailed order is void for lack of due process.
Same; Same; Presumption of Regularity; While, under the
general rule, it is to be presumed that everything done by an officer
in connection with the performance of an official act in the line of his
duty was legally done, such presumption may be overcome by
evidence to the contrary.·Petitioners point out that the
Commissioner was an officer of the court and a disinterested party
and that, under Rule 133, Section 3(m) of the Rules on Evidence,
there is a presumption that official duty has been regularly
performed. While, under the general rule, it is to be presumed that
everything done by an officer in connection with the performance of
an official act in the line of his duty was legally done, such
presumption may be overcome by evidence to the contrary. We find
the instances mentioned by the CA, such as absence of the names of
the persons present in the conference, absence of the signatures of
the heirs in the CommissionerÊs Report, as well as absence of
evidence showing that respondents were notified of the conference,
to be competent proofs of irregularity that rebut the presumption.
Succession; Settlement of Estates; Extrajudicial Settlement of
Estates; Due Process; Section 1 of Rule 74 is an ex parte proceeding,
and the rule plainly states that persons who do not participate or
had no notice of an extrajudicial settlement will not be bound
thereby, and contemplates a notice that has been sent out or issued
before any deed of settlement and/or partition is agreed upon, and
not after such an agreement has already been executed; The
publication of the settlement does not constitute constructive notice to
the heirs who had no knowledge or did not take part in it because the
same was notice after the fact of execution; The requirement of
publication is geared for the protection of creditors and was never
intended to deprive heirs of their lawful participation in the

decedentÊs estate.·In Cua v. Vargas, 506 SCRA 374 (2006), in which
the issue was whether heirs were deemed constructively notified of
and bound by an extrajudicial settlement and partition of the
estate, regardless of their failure to participate therein, when the
extrajudicial settlement and partition has been duly published, we
held: The procedure outlined in Section 1 of Rule 74 is an ex parte
proceeding. The rule plainly states, how-
481
ever, that persons who do not participate or had no notice of an

extrajudicial settlement will not be bound thereby. It contemplates
a notice that has been sent out or issued before any deed of
settlement and/or partition is agreed upon (i.e., a notice calling all
interested parties to participate in the said deed of extrajudicial
settlement and partition), and not after such an agreement has
already been executed as what happened in the instant case with
the publication of the first deed of extrajudicial settlement among
heirs. The publication of the settlement does not constitute
constructive notice to the heirs who had no knowledge or did not
take part in it because the same was notice after the fact of
execution. The requirement of publication is geared for the
protection of creditors and was never intended to deprive heirs of
their lawful participation in the decedentÊs estate. In this
connection, the records of the present case confirm that respondents
never signed either of the settlement documents, having discovered
their existence only shortly before the filing of the present
complaint. Following Rule 74, these extrajudicial settlements do not
bind respondents, and the partition made without their knowledge
and consent is invalid insofar as they are concerned. Applying the
above-mentioned case by analogy, what matters is whether the
heirs were indeed notified before the compromise agreement was
arrived at, which was not established, and not whether they were
notified of the CommissionerÊs Report embodying the alleged
agreement afterwards.
Same; Same; Same; Same; The act of a trial court in approving a
CommissionerÊs Report despite the statement therein that only six
out of the nine heirs attended the conference, thus, effectively
depriving the other heirs of their chance to be heard, was
tantamount to a violation of the constitutional guarantee that no
person shall be deprived of property without due process of law·
such Order which approved a void CommissionerÊs Report, is a void

judgment for lack of due process.·We also find nothing in the
records that would show that the heirs were called to a hearing to
validate the Report. The CFI adopted and approved the Report
despite the absence of the signatures of all the heirs showing
conformity thereto. The CFI adopted the Report despite the
statement therein that only six out of the nine heirs attended the
conference, thus, effectively depriving the other heirs of their
chance to be heard. The CFIÊs action was tantamount to a violation
of the constitutional guarantee that no person shall be deprived of
property without due process of law. We
482
find that the assailed Order dated December 16, 1976, which
approved a void CommissionerÊs Report, is a void judgment for lack
of due process.
Judgments; Due Process; Where the assailed Order is a void
judgment for lack of due process of law, it is no judgment at all·it
cannot be the source of any right or of any obligation, and it never
acquires finality.·Considering that the assailed Order is a void
judgment for lack of due process of law, it is no judgment at all. It
cannot be the source of any right or of any obligation. In Nazareno
v. Court of Appeals, 378 SCRA 28 (2002), we stated the
consequences of a void judgment, thus: A void judgment never
acquires finality. Hence, while admittedly, the petitioner in the case
at bar failed to appeal timely the aforementioned decision of the
Municipal Trial Court of Naic, Cavite, it cannot be deemed to have
become final and executory. In contemplation of law, that void
decision is deemed non-existent. Thus, there was no effective or
operative judgment to appeal from. In Metropolitan Waterworks &
Sewerage System vs. Sison, this Court held that: x x x [A] void
judgment is not entitled to the respect accorded to a valid judgment,
but may be entirely disregarded or declared inoperative by any
tribunal in which effect is sought to be given to it. It is attended by
none of the consequences of a valid adjudication. It has no legal or
binding effect or efficacy for any purpose or at any place. It cannot
affect, impair or create rights. It is not entitled to enforcement and
is, ordinarily, no protection to those who seek to enforce. All
proceedings founded on the void judgment are themselves regarded
as invalid. In other words, a void judgment is regarded as a nullity,
and the situation is the same as it would be if there were no
judgment. It, accordingly, leaves the parties litigants in the same

position they were in before the trial.
Same; Same; Laches; Words and Phrases; The Court of First
InstanceÊs (CFIÊs) order being null and void, it may be assailed
anytime, collaterally or in a direct action or by resisting such
judgment or final order in any action or proceeding whenever it is
invoked, unless barred by laches; The principle of laches or „stale
demands‰ ordains that the failure or neglect, for an unreasonable
and unexplained length of time, to do that which by exercising due
diligence could or should have been done earlier, or the negligence or
omission to assert a right within a reasonable time, warrants a
presumption that the party entitled to assert it either has abandoned
it or declined
483
to assert it.·The CFIÊs order being null and void, it may be assailed
anytime, collaterally or in a direct action or by resisting such
judgment or final order in any action or proceeding whenever it is
invoked, unless barred by laches. Consequently, the compromise
agreement and the Order approving it must be declared null and
void and set aside. We find no merit in petitionersÊ claim that
respondents are barred from assailing the judgment after the lapse
of 24 years from its finality on ground of laches and estoppel.
Section 3, Rule 47 of the Rules of Court provides that an action for
annulment of judgment based on extrinsic fraud must be filed
within four years from its discovery and, if based on lack of
jurisdiction, before it is barred by laches or estoppel. The principle
of laches or „stale demands‰ ordains that the failure or neglect, for
an unreasonable and unexplained length of time, to do that which
by exercising due diligence could or should have been done earlier,
or the negligence or omission to assert a right within a reasonable
time, warrants a presumption that the party entitled to assert it
either has abandoned it or declined to assert it.
Same; Same; Same; Prescription; There is no absolute rule as to
what constitutes laches or staleness of demand·each case is to be
determined according to its particular circumstances; It is the better
rule that courts, under the principle of equity, will not be guided or
bound strictly by the statute of limitations or the doctrine of laches
when to be so, a manifest wrong or injustice would result; An action
to declare the nullity of a void judgment does not prescribe.·There
is no absolute rule as to what constitutes laches or staleness of
demand; each case is to be determined according to its particular

circumstances. The question of laches is addressed to the sound
discretion of the court and, being an equitable doctrine, its
application is controlled by equitable considerations. It cannot be
used to defeat justice or perpetrate fraud and injustice. It is the
better rule that courts, under the principle of equity, will not be
guided or bound strictly by the statute of limitations or the doctrine
of laches when to be so, a manifest wrong or injustice would result.
In this case, respondents learned of the assailed order only
sometime in February 1998 and filed the petition for annulment of
judgment in 2001. Moreover, we find that respondentsÊ right to due
process is the paramount consideration in annulling the assailed
order. It bears stressing that an action to declare the nullity of a
void judgment does not prescribe.
484
PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
Froilan V. Quijano for petitioners.
Public AttorneyÊs Office for respondents.
AUSTRIA-MARTINEZ, J.:
Before us is a Petition for Review on Certiorari under
Rule 45 of the Rules of Court filed by petitioners seeking to
annul the Decision1 dated July 18, 2003 of the Court of
Appeals (CA) and its Resolution2 dated November 13, 2003
denying petitionersÊ motion for reconsideration issued in
CA-G.R. SP No. 65630.3
Spouses Evaristo Cuyos and Agatona Arrogante Cuyos
were blessed with nine children, namely: Francisco,
Victoria, Columba, Lope, Salud, Gloria, Patrocenia,
Numeriano, and Enrique. On August 28, 1966, Evaristo
died leaving six parcels of land located in Tapilon,
Daanbantayan, Cebu covered by Tax Declaration (TD) Nos.
000725, 000728, 000729, 000730, 000731, 000732, all under
the name of Agatona Arrogante.
On July 13, 1971, one of the heirs, Gloria Cuyos-Talian
(respondent Gloria) represented by Atty. Victor Elliot
Lepiten (Atty. Lepiten), filed before the Court of First
Instance (CFI) now Regional Trial Court (RTC), Cebu,
Branch XI, a petition4
_______________
1 Penned by Justice Eloy R. Bello, Jr. and concurred in by Justices

Cancio C. Garcia (former member of this Court) and Mariano C. Del
Castillo; Rollo, pp. 32-39.
2 Id., at p. 41.
3 Entitled, „Heirs of Evaristo Cuyos represented by their Attorney-in-
fact, Salud Cuyos, Petitioners, v. Court of First Instance of Cebu, Branch
XI, Sps. Gorgonio Benatiro and Columba Cuyos-Benatiro and Sps.
Renato C. Benatiro and Rosie M. Benatiro, Respondents.‰
4 CA Rollo, p. 32.
485
for Letters of Administration, docketed as Special

Proceeding (SP) No. 24-BN entitled „In the Matter of the
Intestate Estate of Evaristo Cuyos, Gloria Cuyos-Talian,
petitioner.‰ The petition was opposed by GloriaÊs brother,
Francisco, who was represented by Atty. Jesus Yray (Atty.
Yray).
In the hearing held on January 30, 1973, both parties
together with their respective counsels appeared. Both
counsels manifested that the parties had come to an
agreement to settle their case. The trial court on even date
issued an Order5 appointing Gloria as administratrix of the
estate. The dispositive portion reads:
„WHEREFORE, letters of administration of the estate of the late

Evaristo Cuyos and including the undivided half accruing to his
spouse Agatona Arrogante who recently died is hereby issued in
favor of Mrs. Gloria Cuyos Talian who may qualify as such
administratrix after posting a nominal bond of P1,000.00.‰6
Subsequently, in the Order7 dated December 12, 1975,

the CFI stated that when the Intestate Estate hearing was
called on that date, respondent Gloria and her brother,
oppositor Francisco, together with their respective
counsels, appeared; that Atty. Yray, FranciscoÊs counsel,
manifested that the parties had come to an agreement to
settle the case amicably; that both counsels suggested that
the Clerk of Court, Atty. Andres C. Taneo (Atty. Taneo), be
appointed to act as Commissioner to effect the agreement

of the parties and to prepare the project of partition for the
approval of the court. In the same Order, the Court of First
Instance (CFI) appointed Atty. Taneo and ordered him to
make a project of partition within 30 days from December
12, 1975 for submission and approval of the court.
_______________
5 Rollo, pp. 81-84.

6 Id., at p. 84.
7 Id., at p. 55.
486
In his CommissionerÊs Report8 dated July 29, 1976, Atty.

Taneo stated that he issued subpoenae supplemented by
telegrams to all the heirs to cause their appearance on
February 28 and 29, 1976 in Tapilon, Daanbantayan, Cebu,
where the properties are located, for a conference or
meeting to arrive at an agreement; that out of the nine
heirs, only respondents Gloria, Salud and Enrique Cuyos
failed to attend; that per return of the service, these three
heirs could not be located in their respective given
addresses; that since some of the heirs present resided
outside the province of Cebu, they decided to go ahead with
the scheduled meeting.
Atty. Taneo declared in his Report that the heirs who
were present:
„1. Agreed to consider all income of the properties of the estate

during the time that Francisco Cuyos, one of the heirs, was
administering the properties of the estate (without appointment
from the Court) as having been properly and duly accounted for.
2. Agreed to consider all income of the properties of the estate
during the administration of Gloria Cuyos Talian, (duly appointed
by the Court) also one of the heirs as having been properly and duly
accounted for.
3. Agreed to consider all motions filed in this proceedings
demanding an accounting from Francisco Cuyos and Gloria Cuyos
Talian, as having been withdrawn.
4. Agreed not to partition the properties of the estate but instead
agreed to first sell it for the sum of P40,000.00 subject to the
condition that should any of the heirs would be in a position to buy

the properties of the estate, the rest of the eight (8) heirs will just
receive only Four Thousand Pesos (P4,000.00) each.
5. Agreed to equally divide the administration expenses to be
deducted from their respective share of P4,000.00.‰9
The Report further stated that Columba Cuyos-Benatiro

(Columba), one of the heirs, informed all those present in
the
_______________
8 Rollo, pp. 56-59.

9 Id., at p. 57.
487
conference of her desire to buy the properties of the estate,

to which everybody present agreed, and considered her the
buyer. Atty. Taneo explained that the delay in the
submission of the Report was due to the request of
respondent Gloria that she be given enough time to make
some consultations on what was already agreed upon by
the majority of the heirs; that it was only on July 11, 1976
that the letter of respondent Gloria was handed to Atty.
Taneo, with the information that respondent Gloria was
amenable to what had been agreed upon, provided she be
given the sum of P5,570.00 as her share of the estate, since
one of properties of the estate was mortgaged to her in
order to defray their fatherÊs hospitalization.
Quoting the CommissionerÊs Report, the CFI issued the
assailed Order10 dated December 16, 1976, the dispositive
portion of which reads as follows:
„WHEREFORE, finding the terms and conditions agreed upon by

the heirs to be in order, the same being not contrary to law, said
compromise agreement as embodied in the report of the
commissioner is hereby approved. The Court hereby orders the
Administratrix to execute the deed of sale covering all the
properties of the estate in favor of Columba Cuyos Benatiro after
the payment to her of the sum of P36,000.00. The said sum of
money shall remain in custodia legis, but after all the claims and
administration expenses and the estate taxes shall have been paid
for, the remainder shall, upon order of the Court, be divided equally
among the heirs.‰11
The CFI disapproved the claim of respondent Gloria for

the sum of P5,570.00, as the same had been allegedly
disregarded by the heirs present during the conference.
In an Order12 dated January 11, 1978, the CFI
appointed Lope Cuyos (Cuyos) as the new administrator of
the estate, purportedly on the basis of the motion to relieve
respondent Gloria, as it appeared that she was already
residing in Cen-
_______________
10 Rollo, pp. 60-63.

11 Id., at p. 63.
12 Id., at p. 78.
488
tral Luzon and her absence was detrimental to the early

termination of the proceedings.
On May 25, 1979, administrator Cuyos executed a Deed
of Absolute Sale13 over the six parcels of land constituting
the intestate estate of the late Evaristo Cuyos in favor of
Columba for a consideration of the sum of P36,000.00.
Sometime in February 1998, the heirs of Evaristo Cuyos,
namely: Gloria Cuyos-Talian, Patrocenia Cuyos-Mijares,
Numeriano Cuyos and Enrique Cuyos, represented by their
attorney-in-fact, Salud Cuyos (respondents), allegedly
learned that Tax Declaration Nos. 000725, 000728, 000729,
000730, 000731 and 000732, which were all in the name of
their late mother Agatona Arrogante, were canceled and
new Tax Declaration Nos., namely, 20-14129, 20-14130, 20-
14131, 20-14132, 20-14133 and 20-14134, were issued in
ColumbaÊs name; and that later on, Original Certificates of
Titles covering the estate of Evaristo Cuyos were issued in
favor of Columba; that some of these parcels of land were
subsequently transferred to the names of spouses Renato
C. Benatiro and Rosie M. Benatiro, son and daughter-in-
law, respectively, of petitioners Gorgonio and Columba, for
which transfer certificates of title were subsequently
issued; that they subsequently discovered the existence of
the assailed CFI Order dated December 16, 1976 and the
Deed of Absolute Sale dated May 25, 1979.
Respondents filed a complaint against petitioner
Gorgonio Benatiro before the Commission on the
Settlement of Land Problems (COSLAP) of the Department
of Justice, which on June 13, 2000 dismissed the case for
lack of jurisdiction.14
Salud Cuyos brought the matter for conciliation and
mediation at the barangay level, but was unsuccessful.15
_______________
13 Rollo, pp. 79-80.

14 CA Rollo, p. 62.
15 Id., at p. 63.
489
On July 16, 2001, Salud Cuyos, for herself and in

representation16 of the other heirs of Evaristo Cuyos,
namely: Gloria, Patrocenia, Numeriano,17 and Enrique,
filed with the CA a petition for annulment of the Order
dated December 16, 1976 of the CFI of Cebu, Branch XI, in
SP No. 24-BN under Rule 47 of the Rules of Court. They
alleged that the CFI Order dated December 16, 1976 was
null and void and of no effect, the same being based on a
CommissionerÊs Report, which was patently false and
irregular; that such report practically deprived them of due
process in claiming their share of their fatherÊs estate; that
Patrocenia Cuyos-Mijares executed an affidavit, as well as
the unnotarized statement of Gloria stating that no
meeting ever took place for the purpose of discussing how
to dispose of the estate of their parents and that they never
received any payment from the supposed sale of their share
in the inheritance; that the report was done in close
confederacy with their co-heir Columba, who stood to be
benefited by the CommissionerÊs recommendation, should
the same be approved by the probate court; that since the
report was a falsity, any order proceeding therefrom was
invalid; that the issuance of the certificates of titles in favor
of respondents were tainted with fraud and irregularity,
since the CFI which issued the assailed order did not
appear to have been furnished a copy of the Deed of

Absolute Sale; that the CFI was not in custodia legis of the
consideration of the sale, as directed in its Order so that it
could divide the remainder of the consideration equally
among the heirs after paying all the administration
expenses and estate taxes; that the intestate case had not
yet been terminated as the last order found relative to the
case was the appointment of Lope as administrator vice
Gloria; that they never received their corresponding share
in the inheritance; and that the act of petitioners in
manifest connivance with administrator Lope amounted to
a denial of their right to the property without due process
of
_______________
16 CA Rollo, pp. 24-26; Special Power of Attorney.

17 Refused to sign the Special Power of Attorney.
490
law, thus, clearly showing that extrinsic fraud caused them

to be deprived of their property.
Herein petitioners contend that respondentsÊ allegation
that they discovered the assailed order dated December 16,
1976 only in February 1998 was preposterous, as
respondents were represented by counsel in the intestate
proceedings; thus, notice of Order to counsel was notice to
client; that this was only a ploy so that they could claim
that they filed the petition for annulment within the
statutory period of four (4) years; that they have been in
possession of the six parcels of land since May 25, 1979
when the same was sold to them pursuant to the assailed
Order in the intestate proceedings; that no extrinsic fraud
attended the issuance of the assailed order; that
Numeriano executed an affidavit in which he attested to
having received his share of the sale proceeds on May 18,
1988; that respondents were estopped from assailing the
Order dated December 16, 1976, as it had already attained
the status of finality.
On July 18, 2003, the CA granted the petition and
annulled the CFI order, the dispositive portion of which
reads:
„FOR ALL THE FOREGOING REASONS, the instant petition is

hereby GRANTED. Accordingly, the Order issued by the Court of
First Instance of Cebu Branch XI dated December 16, 1976 as well
as the Certificates of Title issued in the name of Columba Cuyos-
Benatiro and the subsequent transfer of these Titles in the name of
spouses Renato and Rosie Benatiro are hereby ANNULLED and
SET ASIDE. Further, SP Proc. Case No. 24-BN is hereby ordered
reopened and proceedings thereon be continued.‰18
The CA declared that the ultimate fact that was needed

to be established was the veracity and truthfulness of the
CommissionerÊs Report, which was used by the trial court
as its basis for issuing the assailed Order. The CA held that
to arrive at an agreement, there was a need for all the
concerned
_______________
18 Rollo, p. 39.
491
parties to be present in the conference; however, such was

not the scenario since in their separate sworn statements,
the compulsory heirs of the decedent attested to the fact
that no meeting or conference ever happened among them;
that although under Section 3(m), Rule 133 on the Rules of
Evidence, there is a presumption of regularity in the
performance of an official duty, the same may be
contradicted and overcome by other evidence to prove the
contrary.
The CA noted some particulars that led it to conclude
that the conference was not held accordingly, to wit: (1) the
CommissionerÊs Report never mentioned the names of the
heirs who were present in the alleged conference but only
the names of those who were absent, when the names of
those who were present were equally essential, if not even
more important, than the names of those who were absent;
(2) the Report also failed to include any proof of conformity
to the agreement from the attendees, such as letting them
sign the report to signify their consent as regards the
agreed mechanisms for the estateÊs settlement; (3) there

was lack or absence of physical evidence attached to the
report indicating that the respondents were indeed
properly notified about the scheduled conference. The CA
then concluded that due to the absence of the respondentsÊ
consent, the legal existence of the compromise agreement
did not stand on a firm ground.
The CA further observed that although it appeared that
notice of the report was given to Atty. Lepiten and Atty.
Yray, lawyers of Gloria and Francisco Cuyos, respectively,
the same cannot be taken as notice to the other heirs of
Evaristo Cuyos; that a lawyerÊs authority to compromise
cannot be simply presumed, since what was required was
the special authority to compromise on behalf of his client;
that a compromise agreement entered into by a person not
duly authorized to do so by the principal is void and has no
legal effect, citing Qui-
492
ban v. Butalid;19 that being a void compromise agreement,

the assailed Order had no legal effect.
Thus, the CA ruled that the Certificates of Titles
obtained by herein petitioners were procured fraudulently;
that the initial transfer of the properties to Columba
Cuyos-Benatiro by virtue of a Deed of Absolute Sale
executed by Lope Cuyos was clearly defective, since the
compromise agreement which served as the basis of the
Deed of Absolute Sale was void and had no legal effect.
The CA elaborated that there was no showing that
Columba paid the sum of P36,000.00 to the administrator
as consideration for the sale, except for the testimony of
Numeriano Cuyos admitting that he received his share of
the proceeds but without indicating the exact amount that
he received; that even so, such alleged payment was
incomplete and was not in compliance with the trial courtÊs
order for the administratix to execute the deed of sale
covering all properties of the estate in favor of Columba
Cuyos-Benatiro after the payment to the administratrix of
the sum of P36,000.00; that said sum of money shall
remain in custodia legis, but after all the claims and
administration expenses and the estate taxes shall have
been paid for, the remainder shall, upon order of the Court,
be divided equally among the heirs.
Moreover, the CA found that the copy of the Deed of Sale
was not even furnished the trial court nor was said money
placed under custodia legis as agreed upon; that the
Certification dated December 9, 1998 issued by the Clerk of
Court of Cebu indicated that the case had not yet been
terminated and that the last Order in the special
proceeding was the appointment of Lope Cuyos as the new
administrator of the estate; thus, the transfer of the parcels
of land, which included the execution of the Deed of
Absolute Sale, cancellation of Tax Declarations and the
issuance of new Tax Declarations and Transfer Certificates
of Title, all in favor of petitioners, were
_______________
19 G.R. No. 90974, August 27, 1990, 189 SCRA 107.
493
tainted with fraud. Consequently, the CA concluded that

the compromise agreement, the certificates of title and the
transfers made by petitioners through fraud cannot be
made a legal basis of their ownership over the properties,
since to do so would result in enriching them at the
expense of the respondents; and that it was also evident
that the fraud attendant in this case was one of extrinsic
fraud, since respondents were denied the opportunity to
fully litigate their case because of the scheme utilized by
petitioners to assert their claim.
Hence, herein petition raising the following issues:
„Whether or not annulment of order under Rule 47 of the Rules

of Court was a proper remedy where the aggrieved party had other
appropriate remedies, such as new trial, appeal, or petition for
relief, which they failed to take through their own fault.
Whether or not the Court of Appeals misapprehended the facts
when it annulled the 24-year old CommissionerÊs Report of the
Clerk of Court·an official act which enjoys a strong presumption of
regularity·based merely on belated allegations of irregularities in
the performance of said official act.
Whether or not upon the facts as found by the Court of Appeals
in this case, extrinsic fraud existed which is a sufficient ground to

annul the lower courtÊs order under Rule 47 of the Rules of Court.‰20
Subsequent to the filing of their petition, petitioners

filed a Manifestation that they were in possession of
affidavits of waiver and desistance executed by the heirs of
Lope Cuyos21 and respondent Patrocenia Cuyos-Mijares22
on February 17, 2004 and December 17, 2004, respectively.
In both affidavits, the affiants stated that they had no more
interest in prosecuting/defending the case involving the
settlement of the estate, since the subject estate properties
had been bought by their late sister Columba, and they had
already received their
_______________
20 Rollo, pp. 10-11.

21 Id., at pp. 124-125.
22 Id., at p. 123.
494
share of the purchase price. Another heir, respondent

Numeriano Cuyos, had also earlier executed an Affidavit23
dated December 13, 2001, stating that the subject estate
was sold to Columba and that she had already received her
share of the purchase price on May 18, 1988. In addition,
Numeriano had issued a certification24 dated May 18, 1988,
which was not refuted by any of the parties, that he had
already received P4,000.00 in payment of his share, which
could be the reason why he refused to sign the Special
Power of Attorney supposedly in favor of Salud Cuyos for
the filing of the petition with the CA.
The issue for resolution is whether the CA committed a
reversible error in annulling the CFI Order dated
December 16, 1976, which approved the CommissionerÊs
Report embodying the alleged compromise agreement
entered into by the heirs of Evaristo and Agatona
Arrogante Cuyos.
We rule in the negative.
The remedy of annulment of judgment is extraordinary
in character25 and will not so easily and readily lend itself
to abuse by parties aggrieved by final judgments. Sections
1 and 2 of Rule 47 impose strict conditions for recourse to

it, viz.:
„Section 1. Coverage.·This Rule shall govern the annulment by

the Court of Appeals of judgments or final orders and resolutions in
civil actions of Regional Trial Courts for which the ordinary
remedies of new trial, appeal, petition for relief or other appropriate
remedies are no longer available through no fault of the petitioner.
Section 2. Grounds for annulment.·The annulment may be
based only on the grounds of extrinsic fraud and lack of jurisdiction.
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.‰
_______________
23 Id., at p. 85.
24 Id., at p. 86.
25 Ramos v. Combong, Jr., G.R. No. 144273, October 20, 2005, 473
SCRA 499, 504.
495
Although Section 2 of Rule 47 of the Rules of Court

provides that annulment of a final judgment or order of an
RTC may be based „only on the grounds of extrinsic fraud
and lack of jurisdiction,‰ jurisprudence recognizes denial of
due process as additional ground therefor.26
An action to annul a final judgment on the ground of
fraud will lie only if the fraud is extrinsic or collateral in
character.27 Extrinsic fraud exists when there is a
fraudulent act committed by the prevailing party outside of
the trial of the case, whereby the defeated party was
prevented from presenting fully his side of the case by
fraud or deception practiced on him by the prevailing
party.28 Fraud is regarded as extrinsic where it prevents a
party from having a trial or from presenting his entire case
to the court, or where it operates upon matters pertaining
not to the judgment itself but to the manner in which it is
procured. The overriding consideration when extrinsic
fraud is alleged is that the fraudulent scheme of the
_______________
26 Intestate Estate of the Late Nimfa Sian v. Philippine National

Bank, G.R. No. 168882, January 31, 2007, 513 SCRA 662, 668 citing
Mercado v. Security Bank Corporation, G.R. No. 160445, February 16,
2006, 482 SCRA 501, 514; Alaban v. Court of Appeals, G.R. No. 156021,
September 23, 2005, 470 SCRA 697, 707; Hi-Tone Marketing Corporation
v. Baikal Realty Corporation, G.R. No. 149992, August 20, 2004, 437
SCRA 121, 131; Salonga v. Court of Appeals, G.R. No. 111478, March 13,
1997, 269 SCRA 534, 542; Pinlac v. Court of Appeals, G.R. No. 91486,
January 19, 2001, 349 SCRA 635, 650; Heirs of Pael v. Court of Appeals,
G.R. No. 133547, February 10, 2000, 325 SCRA 341, 358; Lapulapu
Development & Housing Corporation v. Risos, G.R. No. 118633,
September 6, 1996, 261 SCRA 517, 524; Regidor v. Court of Appeals, G.R.
No. 78115, March 5, 1993, 219 SCRA 530, 534.
27 Rules of Court, Rule 47, Section 2.
28 Alba v. Court of Appeals, G.R. No. 164041, July 29, 2005, 465 SCRA
495, 508.
496
prevailing litigant prevented a party from having his day

in court.29
While we find that the CA correctly annulled the CFI
Order dated December 16, 1976, we find that it should be
annulled not on the ground of extrinsic fraud, as there is no
sufficient evidence to hold Atty. Taneo or any of the heirs
guilty of fraud, but on the ground that the assailed order is
void for lack of due process.
Clerk of Court Taneo was appointed to act as
Commissioner to effect the agreement of the heirs and to
prepare the project of partition for submission and
approval of the court. Thus, it was incumbent upon Atty.
Taneo to set a time and place for the first meeting of the
heirs. In his CommissionerÊs Report, Atty. Taneo stated
that he caused the appearance of all the heirs of Evaristo
Cuyos and Agatona Arrogante Cuyos in the place, where
the subject properties were located for settlement, by
sending them subpoenae supplemented by telegrams for
them to attend the conference scheduled on February 28 to
29, 1976. It was also alleged that out of the nine heirs, only
six attended the conference; however, as the CA aptly
found, the Commissioner did not state the names of those
present, but only those heirs who failed to attend the

conference, namely: respondents Gloria, Salud and Enrique
who, as stated in the Report, based on the return of service,
could not be located in their respective given addresses.
However, there is nothing in the records that would
establish that the alleged subpoenae, supplemented by
telegrams, for the heirs to appear in the scheduled
conference were indeed sent to the heirs. In fact,
respondent Patrocenia Cuyos-Mijares, one of the heirs, who
was presumably present in the conference, as she was not
mentioned as among those absent, had executed an
affidavit30 dated December 8, 1998 attesting,
_______________
29 Tolentino v. Leviste, G.R. No. 156118, November 19, 2004, 443

SCRA 274.
30 CA Rollo, p. 64.
497
to the fact that she was not called to a meeting nor was
there any telegram or notice of any meeting received by
her. While Patrocenia had executed on December 17, 2004
an Affidavit of Waiver and Desistance31 regarding this case,
it was only for the reason that the subject estate properties
had been bought by their late sister Columba, and that she
had already received her corresponding share of the
purchase price, but there was nothing in the affidavit that
retracted her previous statement that she was not called to
a meeting. Respondent Gloria also made an unnotarized
statement32 that there was no meeting held. Thus, the
veracity of Atty. TaneoÊs holding of a conference with the
heirs was doubtful.
Moreover, there was no evidence showing that the heirs
indeed convened for the purpose of arriving at an
agreement regarding the estate properties, since they were
not even required to sign anything to show their
attendance of the alleged meeting. In fact, the
CommissionerÊs Report, which embodied the alleged
agreement of the heirs, did not bear the signatures of the
alleged attendees to show their consent and conformity
thereto.
It bears stressing that the purpose of the conference was
for the heirs to arrive at a compromise agreement over the
estate of Evaristo Cuyos. Thus, it was imperative that all
the heirs must be present in the conference and be heard to
afford them the opportunity to protect their interests.
Considering that no separate instrument of conveyance
was executed among the heirs embodying their alleged
agreement, it was necessary that the Report be signed by
the heirs to prove that a conference among the heirs was
indeed held, and that they conformed to the agreement
stated in the Report.
Petitioners point out that the Commissioner was an
officer of the court and a disinterested party and that,
under Rule
_______________
31 Id., at p. 123.
32 CA Rollo, p. 67.
498
133, Section 3(m) of the Rules on Evidence, there is a

presumption that official duty has been regularly
performed.
While, under the general rule, it is to be presumed that
everything done by an officer in connection with the
performance of an official act in the line of his duty was
legally done, such presumption may be overcome by
evidence to the contrary. We find the instances mentioned
by the CA, such as absence of the names of the persons
present in the conference, absence of the signatures of the
heirs in the CommissionerÊs Report, as well as absence of
evidence showing that respondents were notified of the
conference, to be competent proofs of irregularity that
rebut the presumption.
Thus, we find no reversible error committed by the CA
in ruling that the conference was not held accordingly and
in annulling the assailed order of the CFI.
Petitioners attached a Certification33 dated August 7,
2003 issued by the Officer In Charge (OIC), Branch Clerk
of Court of the RTC, Branch 11, to show that copies of the

CommissionerÊs Report were sent to all the heirs, except
Salud and Enrique, as well as to Attys. Lepiten and Yray
as enumerated in the Notice found at the lower portion of
the Report with the accompanying registry receipts.34
In Cua v. Vargas,35 in which the issue was whether heirs
were deemed constructively notified of and bound by an
extra-judicial settlement and partition of the estate,
regardless of their failure to participate therein, when the
extrajudicial settlement and partition has been duly
published, we held:
„The procedure outlined in Section 1 of Rule 74 is an ex

parte proceeding. The rule plainly states, however, that
persons who do not participate or had no notice of an
extrajudicial settlement will not be bound thereby. It
contemplates a notice that has been sent out or issued
before any deed of
_______________
33 Rollo, Annex „H,‰ p. 64.

34 Id., at pp. 75-76.
35 G.R. No. 156536, October 31, 2006, 506 SCRA 374.
499
settlement and/or partition is agreed upon (i.e., a notice

calling all interested parties to participate in the said deed
of extrajudicial settlement and partition), and not after such
an agreement has already been executed as what happened
in the instant case with the publication of the first deed of
extrajudicial settlement among heirs.
The publication of the settlement does not constitute
constructive notice to the heirs who had no knowledge or did not
take part in it because the same was notice after the fact of
execution. The requirement of publication is geared for the
protection of creditors and was never intended to deprive heirs of
their lawful participation in the decedentÊs estate. In this
connection, the records of the present case confirm that respondents
never signed either of the settlement documents, having discovered
their existence only shortly before the filing of the present
complaint. Following Rule 74, these extrajudicial settlements do not
bind respondents, and the partition made without their knowledge

and consent is invalid insofar as they are concerned.‰36 (Emphasis
supplied)
Applying the above-mentioned case by analogy, what

matters is whether the heirs were indeed notified before
the compromise agreement was arrived at, which was not
established, and not whether they were notified of the
CommissionerÊs Report embodying the alleged agreement
afterwards.
We also find nothing in the records that would show that
the heirs were called to a hearing to validate the Report.
The CFI adopted and approved the Report despite the
absence of the signatures of all the heirs showing
conformity thereto. The CFI adopted the Report despite the
statement therein that only six out of the nine heirs
attended the conference, thus, effectively depriving the
other heirs of their chance to be heard. The CFIÊs action
was tantamount to a violation of the constitutional
guarantee that no person shall be deprived of property
without due process of law. We find that the assailed Order
dated December 16, 1976, which approved a void
CommissionerÊs Report, is a void judgment for lack of due
process.
_______________
36 Id., at pp. 384-385.
500
We are not persuaded by petitionersÊ contentions that all

the parties in the intestate estate proceedings in the trial
court were duly represented by respective counsels, namely,
Atty. Lepiten for petitioners-heirs and Atty. Yray for the
oppositors-heirs; that when the heirs agreed to settle the
case amicably, they manifested such intention through
their lawyers, as stated in the Order dated January 30,
1973; that an heir in the settlement of the estate of a
deceased person need not hire his own lawyer, because his
interest in the estate is represented by the judicial
administrator who retains the services of a counsel; that a
judicial administrator is the legal representative not only of
the estate but also of the heirs, legatees, and creditors

whose interest he represents; that when the trial court
issued the assailed Order dated December 16, 1976
approving the CommissionerÊs Report, the partiesÊ lawyers
were duly served said copies of the Order on December 21,
1976 as shown by the Certification37 dated August 7, 2003
of the RTC OIC, Clerk of Court; that notices to lawyers
should be considered notices to the clients, since, if a party
is represented by counsel, service of notices of orders and
pleadings shall be made upon the lawyer; that upon receipt
of such order by counsels, any one of the respondents could
have taken the appropriate remedy such as a motion for
reconsideration, a motion for new trial or a petition for
relief under Rule 38 at the proper time, but they failed to
do so without giving any cogent reason for such failure.
While the trial courtÊs order approving the
CommissionerÊs Report was received by Attys. Yray and
Lepiten, they were the lawyers of Gloria and Francisco,
respectively, but not the lawyers of the other heirs. As can
be seen from the pleadings filed before the probate court,
Atty. Lepiten was GloriaÊs counsel when she filed her
Petition for letters of administration, while Atty. Yray was
FranciscoÊs lawyer when he filed his opposition to the
petition for letters of administration and his Motion to
Order administrarix Gloria to render an accounting
_______________
37 Rollo, Annex „H,‰ p. 64.
501
and for the partition of the estate. Thus, the other heirs
who were not represented by counsel were not given any
notice of the judgment approving the compromise. It was
only sometime in February 1998 that respondents learned
that the tax declarations covering the parcels of land,
which were all in the name of their late mother Agatona
Arrogante, were canceled; and new Tax Declarations were
issued in ColumbaÊs name, and Original Certificates of
Titles were subsequently issued in favor of Columba. Thus,
they could not have taken an appeal or other remedies.
Considering that the assailed Order is a void judgment

for lack of due process of law, it is no judgment at all. It
cannot be the source of any right or of any obligation.38
In Nazareno v. Court of Appeals,39 we stated the
consequences of a void judgment, thus:
„A void judgment never acquires finality. Hence, while

admittedly, the petitioner in the case at bar failed to appeal timely
the aforementioned decision of the Municipal Trial Court of Naic,
Cavite, it cannot be deemed to have become final and executory. In
contemplation of law, that void decision is deemed non-existent.
Thus, there was no effective or operative judgment to appeal from.
In Metropolitan Waterworks & Sewerage System vs. Sison, this
Court held that:
x x x [A] void judgment is not entitled to the respect accorded to
a valid judgment, but may be entirely disregarded or declared
inoperative by any tribunal in which effect is sought to be given to
it. It is attended by none of the consequences of a valid adjudication.
It has no legal or binding effect or efficacy for any purpose or at any
place. It cannot affect, impair or create rights. It is not entitled to
enforcement and is, ordinarily, no protection to those who seek to
enforce. All proceedings founded on the void judgment are
themselves regarded as invalid. In other words, a void judgment is
regarded as a nullity, and the situation is the same as it would be if
_______________
38 Metropolitan Bank & Trust Company v. Alejo, 417 Phil. 303, 316, 318; 364
SCRA 812, 821, 823 (2001).
39 G.R. No. 111610, February 27, 2002, 378 SCRA 28 (2002).
502
there were no judgment. It, accordingly, leaves the parties litigants

in the same position they were in before the trial.
Thus, a void judgment is no judgment at all. It cannot be the
source of any right nor of any obligation. All acts performed
pursuant to it and all claims emanating from it have no legal effect.
Hence, it can never become final and any writ of execution based on
it is void: „x x x it may be said to be a lawless thing which can be
treated as an outlaw and slain at sight, or ignored wherever and
whenever it exhibits its head.‰40 (Emphasis supplied)
The CFIÊs order being null and void, it may be assailed

anytime, collaterally or in a direct action or by resisting
such judgment or final order in any action or proceeding
whenever it is invoked, unless barred by laches.41
Consequently, the compromise agreement and the Order
approving it must be declared null and void and set aside.
We find no merit in petitionersÊ claim that respondents
are barred from assailing the judgment after the lapse of
24 years from its finality on ground of laches and estoppel.
Section 3, Rule 47 of the Rules of Court provides that an
action for annulment of judgment based on extrinsic fraud
must be filed within four years from its discovery and, if
based on lack of jurisdiction, before it is barred by laches or
estoppel.
The principle of laches or „stale demands‰ ordains that
the failure or neglect, for an unreasonable and unexplained
length of time, to do that which by exercising due diligence
could or should have been done earlier, or the negligence or
omission to assert a right within a reasonable time,
warrants a presumption that the party entitled to assert it
either has abandoned it or declined to assert it.42
_______________
40 Id., at pp. 35-36.

41 Intestate Estate of the Late Nimfa Sian v. Philippine National
Bank, supra note 26, at p. 670.
42 Chua v. Court of Appeals, G.R. No. 125837, October 6, 2004, 440
SCRA 121, 135.
503
There is no absolute rule as to what constitutes laches or

staleness of demand; each case is to be determined
according to its particular circumstances.43 The question of
laches is addressed to the sound discretion of the court and,
being an equitable doctrine, its application is controlled by
equitable considerations. It cannot be used to defeat justice
or perpetrate fraud and injustice. It is the better rule that
courts, under the principle of equity, will not be guided or
bound strictly by the statute of limitations or the doctrine
of laches when to be so, a manifest wrong or injustice would

result.44
In this case, respondents learned of the assailed order
only sometime in February 1998 and filed the petition for
annulment of judgment in 2001. Moreover, we find that
respondentsÊ right to due process is the paramount
consideration in annulling the assailed order. It bears
stressing that an action to declare the nullity of a void
judgment does not prescribe.45
Finally, considering that the assailed CFI judgment is
void, it has no legal and binding effect, force or efficacy for
any purpose. In contemplation of law, it is non-existent.
Hence, the execution of the Deed of Sale by Lope in favor of
Columba pursuant to said void judgment, the issuance of
titles pursuant to said Deed of Sale, and the subsequent
transfers are void ab initio. No reversible error was thus
committed by the CA in annulling the judgment.
WHEREFORE, the petition is DENIED and the
Decision dated July 18, 2003 and Resolution dated
November 13, 2003 of the Court of Appeals are
AFFIRMED. The Regional Trial Court, Branch XI, Cebu
and the Heirs of Evaristo Cuyos are
_______________
43 Far East Bank and Trust Company v. Querimit, 424 Phil. 721, 732;
373 SCRA 665, 673 (2002).
44 Ang Ping v. Court of Appeals, 369 Phil. 607, 616; 310 SCRA 343,
352 (1999).
45 See Paluwagan ng Bayan Savings Bank v. King, G.R. No. 78252,
April 12, 1989, 172 SCRA 60, 69 citing Ang Lam v. Rosillosa and
Santiago, 86 Phil. 447, 45 (1950); Vda de Macoy v. Court of Appeals, G.R.
No. 95871, February 13, 1992, 206 SCRA 244, 252.
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SUPREME COURT REPORTS ANNOTATED VOLUME 560 2/12/22, 10:03 AM

Ynares-Santiago (Chairperson), Chico-Nazario,

Judgment affirmed with modification.

Notes.·The visitorial and enforcement powers of the

G.R. No. 161220. July 30, 2008.*

SPOUSES GORGONIO BENATIRO and COLUMBA

Actions; Annulment of Judgment; Due Process; The remedy of

vides that annulment of a final judgment or order of an RTC may be

December 16, 1976, we find that it should be annulled not on the

intended to deprive heirs of their lawful participation in the

ever, that persons who do not participate or had no notice of an

such Order which approved a void CommissionerÊs Report, is a void

judgment. It, accordingly, leaves the parties litigants in the same

demand; each case is to be determined according to its particular

PETITION for review on certiorari of the decision and

Branch XI, a petition4

1 Penned by Justice Eloy R. Bello, Jr. and concurred in by Justices

for Letters of Administration, docketed as Special

„WHEREFORE, letters of administration of the estate of the late

Subsequently, in the Order7 dated December 12, 1975,

appointed to act as Commissioner to effect the agreement

5 Rollo, pp. 81-84.

In his CommissionerÊs Report8 dated July 29, 1976, Atty.

„1. Agreed to consider all income of the properties of the estate

condition that should any of the heirs would be in a position to buy

The Report further stated that Columba Cuyos-Benatiro

8 Rollo, pp. 56-59.

conference of her desire to buy the properties of the estate,

„WHEREFORE, finding the terms and conditions agreed upon by

The CFI disapproved the claim of respondent Gloria for

10 Rollo, pp. 60-63.

tral Luzon and her absence was detrimental to the early

13 Rollo, pp. 79-80.

On July 16, 2001, Salud Cuyos, for herself and in

appear to have been furnished a copy of the Deed of

16 CA Rollo, pp. 24-26; Special Power of Attorney.

law, thus, clearly showing that extrinsic fraud caused them

„FOR ALL THE FOREGOING REASONS, the instant petition is

The CA declared that the ultimate fact that was needed

parties to be present in the conference; however, such was

agreed mechanisms for the estateÊs settlement; (3) there

ban v. Butalid;19 that being a void compromise agreement,

19 G.R. No. 90974, August 27, 1990, 189 SCRA 107.

tainted with fraud. Consequently, the CA concluded that

„Whether or not annulment of order under Rule 47 of the Rules

in this case, extrinsic fraud existed which is a sufficient ground to

Subsequent to the filing of their petition, petitioners

20 Rollo, pp. 10-11.

share of the purchase price. Another heir, respondent

1 and 2 of Rule 47 impose strict conditions for recourse to

„Section 1. Coverage.·This Rule shall govern the annulment by

Although Section 2 of Rule 47 of the Rules of Court

26 Intestate Estate of the Late Nimfa Sian v. Philippine National

prevailing litigant prevented a party from having his day

present, but only those heirs who failed to attend the

29 Tolentino v. Leviste, G.R. No. 156118, November 19, 2004, 443

133, Section 3(m) of the Rules on Evidence, there is a

of Court of the RTC, Branch 11, to show that copies of the

„The procedure outlined in Section 1 of Rule 74 is an ex

33 Rollo, Annex „H,‰ p. 64.