FACTS:

The spouses Petronilo and Marcela Nudo filed a complaint for partition and damages against the spouses Gumersindo and Zosima Nudo regarding a parcel of land. During the pendency of the case, Gumersindo Nudo died. No substitution was made. The RTC rendered judgment in favor of the petitioner. The defendants appealed to the CA but failed to file their brief, resulting in the dismissal of their appeal. Zosima Nudo later died. The private respondents filed a motion for execution, which was granted. However, the writ of execution was returned unenforced on the ground that Susana Nudo promised to settle with the private respondents. An alias writ of execution was also returned unenforced. The petitioner then filed a petition for annulment of judgment claiming he was not substituted for his deceased parents. The CA dismissed the petition and denied the motion for reconsideration. The petitioner appealed to the Supreme Court.

ISSUES:

1. Whether the judgment in the partition case could be nullified on the ground of non-substitution of the deceased parents.

RULING:

1. The petition is denied. An action to annul a final judgment is an extraordinary remedy and can only be granted in exceptional cases. The grounds for annulment of judgment are extrinsic fraud and lack of jurisdiction. Non-substitution of the heirs of a deceased party is not jurisdictional but a requirement of due process. In this case, both parents of the petitioner were defendants and represented by counsel. The judgment became final and executory before the death of the petitioner's mother. The judgment is now enforceable against the petitioner as Zosima's successor-in-interest. Petitioner's claim of ignorance is difficult to believe given the close relation between the parties and the fact that the petitioner's sister was negotiating with the private respondents regarding the judgment. Allowing the petitioner to avail of the annulment of judgment would reward the heirs' inaction or negligence in pursuing the case against their parents. The CA Resolutions dismissing the petition and denying the motion for reconsideration are affirmed.