Thursday, April 12, 2012

Extrinsic fraud - G.R. No. 176628

G.R. No. 176628

"x x x.



          “
Extrinsic fraud refers to any fraudulent act of the prevailing party in the litigation which is committed outside of the trial of the case, whereby the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent.”[9] Under the doctrine of this cited case, we do not see the acts of PTA’s counsel to be constitutive of extrinsic fraud.
          The records reveal that the judgment of default[10] was sent via registered mail to PTA’s counsel. However, PTA never availed of the remedy of a motion to lift the order of default.[11] Since the failure of PTA to present its evidence was not a product of any fraudulent acts committed outside trial, the RTC did not err in declaring PTA in default.

x x x."