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A collateral attack is defined as an attack, made as an incident in another action, whose purpose is to obtain a different relief. [30] This is proper only when the judgment, on its face, is null and void, as where it is patent that the court which rendered said judgment has no jurisdiction. [31]
A collateral attack, also called an indirect attack, is a challenge on the validity of a prior judgment through a new case rather than by a direct appeal . Examples include habeas corpus petitions and claims that a prior judgment was invalid after the opposing party cites it for strategic advantage in a new case.
A collateral attack is an attack, made as an incident in another action, whose purpose is to obtain a different relief. In other words, a party need not file an action to purposely attack a void judgment; he may attack the void judgment as part of some other proceeding.
For said reason, the complaint would amount to a collateral attack on the title which was proscribed under the principle of indefeasibility of a Torrens title. To rule that the action for reconveyance was not a collateral one would result in the nullity of the decree of registration.
A collateral attack is defined as an attack, made as an incident in another action, whose purpose is to obtain a different relief.34 Accordingly, there is a collateral attack on the validity of marriage when, as an incident in a pending action not precisely brought to nullify the marriage, an attack is made impugning the validity of marriage to ...
Thus, the RTC erroneously dismissed petitioner’s petition for annulment of sale on the ground that it constituted a collateral attack since she was actually assailing Rogelio and Orlando’s title to the subject lands and not any Torrens certificate of title over the same.
A collateral attack is a legal challenge to a prior court decision that is made in a separate, ongoing case, rather than during a direct appeal of the initial decision. The challenge typically argues that the earlier decision contained an error that significantly impacted the outcome of the case.
A collateral attack, in other words, is an attempt to avoid the binding effect of a judgment in order to obtain specific relief that the judgment currently impedes.
Dec 20, 2017 · The RTC found the action for annulment of deed of sale to be a collateral attack on the titles, which is prohibited by law under the principle of indefeasibility of title after the lapse of one year from registration.
collateral attack. Definition of "collateral attack". An attempt to challenge a court's decision in a different case, often due to alleged lack of jurisdiction. How to use "collateral attack" in a sentence. In criminal law, a collateral attack is often made via habeas corpus petition.
