"x x x.
PTA’s appropriate remedy was only to appeal the RTC decision. “Annulment of Judgment under Rule 47 of the Rules of Court is a recourse equitable in character and allowed only in exceptional cases where the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of petitioner.”[12]
In this case, appeal was an available remedy. There was also no extraordinary reason for a petition for annulment of judgment, nor was there any adequate explanation on why the remedy for new trial or petition for relief could not be used. The Court is actually at a loss why PTA had withdrawn a properly filed appeal and substituted it with another petition, when PTA could have merely raised the same issues through an ordinary appeal.
x x x."
