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Pinausukan Seafood House-Roxas Blvd., Inc. vs. Far East Bank and Trust Company, now Bank of the Philippine Islands, et al.

PINAUSUKAN SEAFOOD HOUSE, ROXAS BOULEY ARD, INC., Petitioner, vs. FAR EAST BANK & TRUST COMPANY, NOW BANK OF THE PHILIPPINE ISLANDS AND HECTOR I. GALURA, Respondents.

G.R. No. 159926 | 2014-01-20

FIRST DIVISION
DECISION
 
BERSAMIN, J.:
 
Extrinsic fraud, as a ground for the annulment of a judgment, must emanate from an act of the adverse party, and the fraud must be of such nature as to have deprived the petitioner of its day in court. The fraud is not extrinsic if the act was committed by the petitioner's own counsel.
 
The Case
 
This appeal seeks to undo the dismissal by the Court of Appeals (CA) of the petitioner's action for annulment of judgment through the assailed resolution promulgated on July 31, 2003, 1 as well as the denial of its motion for reconsideration on September...