Chapter II: Of the Complaint of Nullity Against a Sentence

A sentence labors under the defect of insanable nullity when:

1° It was rendered by an absolutely incompetent judge or, in a collegial tribunal, by a number of judges not legitimate against the prescription of can. 1576, Sec. 1.

2° It was rendered between parties of whom at least one does not have the person for standing in judgment.

3° Someone acted in the name of another without a legitimate mandate.

The nullity of which in can. 1892 can be proposed by way of exception forever, but by way of action before the judge who rendered the sentence within thirty years from the day of publication of the sentence.

A sentence labors under the defect of sanable nullity when:

1° Legitimate citation was lacking.

2° It is destitute of motives or reasons for deciding, with the prescription of can. 1605 saved.

3° It lacks the signatures prescribed by law.

4° It does not report the indication of the year, month, day, and place in which it was pronounced.

A complaint of nullity in the cases of which in can. 1894 can be proposed either together with appeal within ten days, or separately and only as a complaint within three months from the day of publication of the sentence before the judge who rendered the sentence.

If a party fears that the judge who rendered the sentence impugned by complaint of nullity has a preoccupied mind and therefore rightly considers him suspect, he can demand that another judge, but in the same seat of judgment, be substituted in his place according to the norm of can. 1615.

§ 1. Not only the parties who think themselves burdened, but also the promoter of justice or defender of the bond, whenever they were involved in the judgment, can interpose a complaint of nullity.

§ 2. Indeed the judge himself can from office retract and amend a null sentence rendered by himself within the terms established above for acting.