Friday, November 29, 2019

Direct Attack vs Collateral Attack

A direct attack on a judgment or decree is an attempt, for sufficient cause, to have it annulled, reversed, vacated, corrected, declared void, or enjoined, in a proceeding instituted for that specific purpose, such as an appeal, writ of error, bill of review, or injunction to restrain its execution; distinguished from a collateral attack,which is an attempt to impeach the validity or binding force of the judgment or decree as a side issue or in a proceeding instituted for some other purpose.

Source: https://thelawdictionary.org/direct-attack/


A collateral attack is an attack, made as an incident in another action, whose purpose is to obtain a different relief.

Source: Go vs. Echavez, G.R. No. 174542, August 03, 2015
http://www.chanrobles.com/cralaw/2015augustdecisions.php?id=626


An action is an attack on a title when the object of the action is to nullify the title, and thus challenge the judgment or proceeding pursuant to which the title was decreed. The attack is direct when the object of an action is to annul or set aside such judgment, or enjoin its enforcement. On the other hand, the attack is indirect or collateral when, in an action to obtain a different relief, an attack on the judgment or proceeding is nevertheless made as an incident thereof.

Source: Heirs of Cayetano Cascayan Vs. Spouses Oliver and Evelyn Gumallaoi, G.R. No. 211947, July 3, 2017
https://www.lawphil.net/judjuris/juri2017/jul2017/gr_211947_2017.html

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