Question

Remedial

Roberto, a Filipino citizen residing in Quezon City, filed a petition for declaration of nullity of marriage against his wife Teresa before the Regional Trial Court (RTC) of Quezon City. Teresa had been residing in Vancouver, Canada for the past eight years. Roberto filed a motion for service of summons by publication, which the trial court granted. The court ordered that summons be published once a week for three consecutive weeks in a newspaper of general circulation in Canada. However, Roberto did not serve copies of the summons, petition, and court order upon Teresa at her last known address in Canada. Teresa did not file an answer. The RTC subsequently rendered a decision granting the petition for declaration of nullity, which eventually became final and executory. Three years later, Teresa discovered the decision and filed a petition to annul the judgment on the ground of extrinsic fraud, arguing that she was not properly served with summons. Will Teresa's petition prosper? Explain your answer. (Bar 2026 Syllabus)

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