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  • TITLE 25 The Contentious Trial
    • 1303
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Canon 1303

1. A sentence is vitiated by irremediable nullity if: (1) it

was rendered by a judge who is absolutely incompetent; (2) it

was rendered by a person who lacks the power of judging in the

tribunal in which the case was settled; (3) the judge passed the

sentence under duress from force or grave fear; (4) the trial

was instituted without the judicial petition mentioned in can.

1104, 2, or was not instituted against some respondent; (5) it

was rendered between parties one of whom at least did not have

standing in court; (6) one person acted in the name of another

without a legitimate mandate; (7) the right of defense was denied to one or other party; (8) it did not settle the controversy even partially. 2. In these cases, the complaint of

nullity can always be proposed by way of the exception in perpetuity and by way of action before the judge who pronounced the

sentence within ten years from the date of publication of the

sentence.




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