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Ltd 72612

Ltd 72612

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Published by Shauna Herrera
ltd notes serrano 2012 herrera
ltd notes serrano 2012 herrera

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Categories:Types, Business/Law
Published by: Shauna Herrera on Jul 14, 2013
Copyright:Attribution Non-commercial


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Shauna Herrera
July 26, 2012
Section 27Presentation of Evidence-hearing of trial properBasis:Rules on PD 1529Sec34
Rules of Court Section 37-38-applicable in suppletory characterSec27-purpose; referee does?4 things that the court will do aftersubmitting evidence:1.
Render judgment2.
Set it aside3.
Modify the report4.
Recommit or remandMotion to dismiss? Ground: Rule 60Register-no jurisdictionLack of jurisdictionIssue order dismiss WITHOUTPREJUDICE? Yes. Party may still file the same case because dismissal is without prejudice-plainstated remedy?Refile the case. All the procedures will berepeated alsoIf it is PREJUDICIAL-cannot file/barred/res judicataSpecific types of evidence:
Documentary evidence2.
Testimonial evidence thru witnesses3.
Object/real evidence
 What must be proven?Sec14 petitioner is the owner of the landTax Declaration? NO. Proof that holder hasclaim of ownership over the property (republic vs sta ana burgos)Judgment of Decision-
adjudication or determination of thequestion of ownership in favor of oneof the claimants so that it will beregistered in his name
 Partial Judgment? Yes.Subject of partial judgment When partial judgment?
 What is required?Subdivision of land must be resubmittedand approved by the Director of LandManagement Registration What is adjudicated?Sec29 all conflicting claims and interest of the land What is the basis in its judgment?1.
Evidence presented2.
Report of the director of LandManagement Bureau (Why? Survey plan was submitted to them beforehearing; the director approvessurvey plan; repository of allapproved survey plan)3.
Report of administrator of LandRegistration Authority (why? Whatis the significance of the report?Repository of decrees of registrationSec31) When does it become FINAL andEXECUTORY?Notice of judgmentPeriod of appeal is expiredPeriod of appeal-not yet F and EThere are remedies-after 15daysJudgment becomes final and executor whathappens next?Court will issue decree of registration andcertificate of title What is the form of decree of registration?Director of Registration-transcription of dispositive portion of judgment in whosename land should be registered1.
In writing2.
Signed by the LRA; Administrator3.
Date and hour of entry/recording of the registration
Shauna Herrera
Contents of Decree of Registration:1.
Person adjudged/entitled toregistration2.
Name and address3.
Civil status4.
Other matters of PD15297.
Encumbrances-liens, easements toshow prioritiesPurposeBind? You tie to Torrens System of LandRegistrationTo quiet title?No question of legality Effect of issuance of decree conclusive uponall personsLRP is procedure in rem and binding uponthe whole worldPublication to notice to the whole world because of the phrase
 Must be final and executorRemedy of party who is the pride of land by  virtue of registration after decree of registration?Sec32 Final petition for review The decree of registrationNot available to:1.
Persons under disability 4.
Other persons who can no longerappeal/motion for retrial/petitionfor review Land Registration Case is filed in the RTChaving territorial jurisdiction on the land When filed? Within 1year What are the conditions to justify to reopen?1.
Real/Dominical right over land2.
Deprived of the land3.
Through actual fraud4.
Petition shall be filed within 1 yearfrom entry of decree of registrationto an innocent purchaser for value5.
Provided that it has not beentransferred to an innocent purchaser
Heirs of manuel roxas vs maguesun
2parcels of land 1.4 hectaresThe basis ofcapplication of registrationCorporation purchased from zenaidamellissa purchased from trinidad roxasPetition did not mention name of trinidadas occupant or person with interest becausezenaida mellissa allegedly purchased fromtribidad What happened?Publication of notice of news weekly Not a newspaper of general circulation inthe philNotice of initial hearing was only addressedto leon josegil and leon luna--given copies of initialhearingThe case proceeded and rendered judgement in favor or maguesunCaretaker to vacate land trinidad learned of alleged sale in favor of maguesunFiled to reopen decree of registration Whether trinidad we deprived of property thru actual fraud? Was there actual fraud?Sc ruled it defined the meaning of actualfraud Actual fraud-2 kinds: actual or constructiveOther terms used for actual fraud: positiveand extrinsic fraudSc actual fraud or positive-intentionaldeception ; concealment of a material factConstructive fraud-Extrinsic or actual fraud-where prevents aparty from having a trial or from presentingits entire case; matters not to judgementitself but matter it is procuredIntrinsic-constructive-fraudulent acts topertains to an issue involved in the originalaction; acts could have been litigatedtherein Yes there is because there is an intentionaldeception or concealment of material fact

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