It is correct that lack of jurisdiction over the subject matter or over the parties, and extrinsic fraud
are the only grounds for which a Petition for Annulment of Judgment may be availed of.
The celebrity doctor claimed that the failure of his former counsel to attend scheduled hearings for his presentation of evidence and his counsel's failure to inform him of the hearings and that his presence was required during the proceedings were tantamount to extrinsic fraud.
Meanwhile, in seeking the inhibition of the members of the Former Special Eight Division, Mendez argued that they had already prejudged the case by resorting to technicalities and making sweeping conclusions as to the absence of extrinsic fraud.
2007), resolved the conflict concerning intrinsic versus extrinsic fraud
based upon the misrepresentation or false testimony of the wife that the husband was the father of children born during the marriage.
explains: "The courts in British Columbia have maintained a strict approach to the defense of fraud, holding that only extrinsic fraud
can be raised as a defense in defense of the enforcement of a foreign judgment.
The extent to which evidence of intrinsic fraud can act as a defense to the recognition of a judgment has not been as clear as that of extrinsic fraud
In that instance, any misrepresentation materially affecting the risk (extrinsic fraud
) could be proved by the evidence because the answer in the application was that the child was in good health.
On whether or not the SC has the power to review a judgment of impeachment and conviction by the Congress, Santiago believes the high tribunal could give due course to a petition for review on certiorari "on the ground of extrinsic fraud
, which was committed outside the narratives of the trial."