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116) Final and executory judgment can be

annulled by petition for relief or petition for


annulment of judgment:
A final and executory decision can only be
annulled by a petition to annul the same on the
ground
of
extrinsic
fraud
and
lack
of
jurisdiction, or by a petition for relief from a
final order or judgment under Rule 38 of the
Rules of Court. However, no petition to that
effect was filed. Well-settled is the rule that
once a judgment becomes final and executory, it
can no longer be disturbed, altered, or modified
in any respect except to correct clerical errors
or
to
make nunc
pro
tunc entries.
Nothing
further can be done to a final judgment except
to execute it. (Milagros Salting vs. John Velez
and Clarissa R. Velez, G.R. No. 181930, January
10, 2011)
117) Remedy in case of denial of petition for
relief
Petition for certiorari under Rule 65 in case
of denial of petition for relief from judgment
since the Order is not appealable under Sec. 1,
Rule 41

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