1. ACTION TO ANNUL A JUDGMENT; EXTRINSIC OR COLLATERAL FRAUD; "RES JUDICATA.." — It appears that the facts upon which the plaintiffs base the fraud now invoked by them have been already submitted and resolved in the first case, and the court, after hearing the parties, held that they were true, hence it rendered judgment in favor of the defendant. An action to annul a judgment, upon the ground of fraud, will not lie unless the fraud be extrinsic or collateral and the facts upon which it is based have not been controverted or resolved in the case where the judgment sought to be annulled was rendered (Anuran v. Aquino and Ortiz, 38 Phil., 29; Javier v. Paredes and Gregorio, 52 Phil., 910). That the testimony upon which a judgment has been based was false or perjured is no ground to assail said judgment, unless the fraud refers to the jurisdiction. (Scotten v. Rosenblum, 231 Fed., 357; U. S. v. Chung Shee, 71 Fed., 277; Giffen v. Christ’s Church, 48 Cal. A., 151; 191 P., 718; Pratt v. Griffin, 22" Ill., 349; 79 N. E., 102.) The testimony which is stigmatized as false and perjured was considered by the court before rendering its decision, and it came to the conclusion that it was true and believable, for which reason it made the same the basis for its holding that the defendant did not construct the railway because the land of the hacienda was very rugged and the curves and grades made the construction thereof impossible. After that holding it is not now proper to question the veracity of said testimony in a collateral proceeding, otherwise there would be no end to controversies submitted and decided by the court. Unless the fraud goes directly to the jurisdiction of the court, the facts in which it consists must be extrinsic or collateral in order that fraud may be a ground to annul a judgment which has already become final.

2. COMPLAINT; DEMURRER. — In view of the allegations of the amended complaint, Held: That the court did not err in sustaining the demurrer interposed to the second cause of action because it is evident that the allegations thereof are, at least, vague and uncertain and the defendant is entitled to have the appellants amend their amended complaint so as to make the allegations thereof more categorical, intelligible and specific, to the end that it set out a real cause of action to which the defendant, in turn, may interpose an answer with such special defenses as it may have in its favor.

The plaintiffs take this appeal from the order of the Court of First Instance of Occidental Negros, dated June 12, 1937, sustaining the demurrer to the amended complaint, filed on May 4, 1937, and granting ten days to the plaintiffs to amend the said pleading, with notice that should they fail to do so within the said period, the same will be dismissed, with costs.

The amended complaint alleges as first cause of action the following: that the plaintiffs on or before August 27, 1919 until the year 1928, were the undivided owners of the hacienda known as Dos Hermanos, situated in the municipality of Talisay, Occidental Negros, consisting of lots Nos. 1229 and 1327 of the cadastre of the said municipality, described in original certificates of title Nos. 9982 and 9286; that on August 27, 1929, the plaintiffs and the defendant entered into a milling contract the pertinent pacts and conditions of which reads:chanrob1es virtual 1aw library



"PACTS TO WHICH THE CENTRAL BIND ITSELF

"THIRD: That it shall construct and shall thereafter make or cause to be made everything needed for the conversation in good condition, and shall operate during the period of this agreement, without any expense on the part of the planter or planters, a fixed railway, of steam or motor, or both, for the use of the plantation or plantations in the transportation of sugar cane, sugar, fertilizer and goods which the planter may need for his land, for his land, for his use, for that of his family and that of his employees, and shall make the principal line or a branch thereof, as the case may be, to reach a point of the plantation to be hereafter described which shall be not more than one mile from the boundaries of the said plantation, as the configuration of the land, its curves and grades will permit; it shall provide the said railway with locomotives or motors and wagons in sufficient number to expedite the transportation of sugar cane, sugar, fertilizer and goods aforementioned, and it shall likewise construct a branch of the railway connecting the principal line, factory and warehouses and the aforementioned pier, and it shall also conveniently equip with switches or otherwise the yard of the factory near the sugar mill. All the steam locomotives shall be provided with spark arresters. The railway shall consists of a line or way conveniently and properly designated so that, as far as possible all the planters may derive equal benefits therefrom; the right of way for the principal line of the railway shall be three and one-half (3