Shauna Herrera

LAND TITLES AND DEEDS-J. SERRANO 2012

July 26, 2012

Section 27
Presentation of Evidence
-hearing of trial proper
Basis:
Rules on PD 1529
Sec34 Rules of Court Section 37-38
-applicable in suppletory character
Sec27-purpose; referee does?
4 things that the court will do after
submitting evidence:
1. Render judgment
2. Set it aside
3. Modify the report
4. Recommit or remand
Motion to dismiss? Ground: Rule 60
Register-no jurisdiction
Lack of jurisdiction
Issue order dismiss WITHOUT
PREJUDICE?
Yes. Party may still file the same case
because dismissal is without prejudice-plain
stated remedy?
Refile the case. All the procedures will be
repeated also
If it is PREJUDICIAL
-cannot file/barred/res judicata
Specific types of evidence:
1. Documentary evidence
2. Testimonial evidence thru
witnesses
3. Object/real evidence
What must be proven?
Sec14 petitioner is the owner of the land
Tax Declaration? NO. Proof that holder has
claim of ownership over the property
(republic vs sta ana burgos)
Judgment of Decision
-adjudication or determination of the
question of ownership in favor of one

of the claimants so that it will be

registered in his name
Partial Judgment? Yes.
Subject of partial judgment
When partial judgment? Uncontested
land
What is required?
Subdivision of land must be resubmitted
and approved by the Director of Land
Management Registration
What is adjudicated?
Sec29 all conflicting claims and interest of
the land
What is the basis in its judgment?
1. Evidence presented
2. Report of the director of Land
Management Bureau (Why? Survey
plan was submitted to them before
hearing; the director approves
survey plan; repository of all
approved survey plan)
3. Report of administrator of Land
Registration Authority (why? What
is the significance of the report?
Repository of decrees of registration
Sec31)
When does it become FINAL and
EXECUTORY?
Notice of judgment
Period of appeal is expired
Period of appeal-not yet F and E
There are remedies-after 15days
Judgment becomes final and executor what
happens next?
Court will issue decree of registration and
certificate of title
What is the form of decree of registration?
Director of Registration-transcription of
dispositive portion of judgment in whose
name land should be registered
1. In writing
2. Signed by the LRA; Administrator
3. Date and hour of entry/recording of
the registration

Shauna Herrera
LAND TITLES AND DEEDS-J. SERRANO 2012

Contents of Decree of Registration:

1. Person adjudged/entitled to
registration
2. Name and address
3. Civil status
4. Disability/minor
5. Estate-owner/co-owner
6. Other matters of PD1529
7. Encumbrances-liens, easements to
show priorities
Purpose
Bind? You tie to Torrens System of Land
Registration
To quiet title?
No question of legality
Effect of issuance of decree conclusive upon
all persons
LRP is procedure in rem and binding upon
the whole world
Publication to notice to the whole world
because of the phrase TO WHOM IT MAY
CONCERN
Must be final and executor
Remedy of party who is the pride of land by
virtue of registration after decree of
registration?
Sec32 Final petition for review
The decree of registration
Not available to:
1. Absentee
2. Minors
3. Persons under disability
4. Other persons who can no longer
appeal/motion for retrial/petition
for review
Land Registration Case is filed in the RTC
having territorial jurisdiction on the land
When filed? Within 1year
What are the conditions to justify to reopen?
1. Real/Dominical right over land
2. Deprived of the land
3. Through actual fraud
4. Petition shall be filed within 1 year
from entry of decree of registration
to an innocent purchaser for value
5. Provided that it has not been
transferred to an innocent purchaser

Heirs of manuel roxas vs maguesun

2parcels of land 1.4 hectares
The basis ofcapplication of registration
Corporation purchased from zenaida
mellissa purchased from trinidad roxas
Petition did not mention name of trinidad
as occupant or person with interest because
zenaida mellissa allegedly purchased from
tribidad
What happened?
Publication of notice of news weekly
Not a newspaper of general circulation in
the phil
Notice of initial hearing was only addressed
to leon jose
gil and leon luna--given copies of initial
hearing
The case proceeded and rendered
judgement in favor or maguesun
Caretaker to vacate land trinidad learned of
alleged sale in favor of maguesun
Filed 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 actual
fraud
Actual fraud-2 kinds: actual or constructive
Other terms used for actual fraud: positive
and extrinsic fraud
Sc actual fraud or positive-intentional
deception ; concealment of a material fact
Constructive fraudExtrinsic or actual fraud-where prevents a
party from having a trial or from presenting
its entire case; matters not to judgement
itself but matter it is procured
Intrinsic-constructive-fraudulent acts to
pertains to an issue involved in the original
action; acts could have been litigated
therein
Yes there is because there is an intentional
deception or concealment of material fact

Shauna Herrera
LAND TITLES AND DEEDS-J. SERRANO 2012

What was concealed? Trinidad roxas was an

occupant of the land. Why is it a material
fact? Because under sec15, the names and
addresses must be alleged in the
application--occupants and adjoining land
owners
Because it is required by law to be stated
then there is concealment of a material fact
because it deprived a person of his right to
receive notice; right to due process of law
Right to due process of law
Intentional deception through concealment
of a material fact
Extrinsic or actual fraud
Petition to reopen the decree of registration
was granted
One of lawyers failed to object a forged
document:
The court will admit that under the rules of
evidence
Basis then court renders judgement
THERE WAS FRAUD-not actual fraud
because fraud happened inside trial
Were you deprived of notice and hearing?
No! Deprived of a good lawyer! :))
Not a basis because fraud is intrinsic not
actual
Perjure witness: lawyer fails to expose. Yes
there is fraud-intrinsic fraud-it happened
within trial
In contrast, lawyers of parties agree that
lawyer will not appear, yes there is fraud.
Actual or extrinsic because he was deprived
of his day in court. Not represented in trial
Lawyer gives money to treasurer of court-do
not send it to oppositorHe was not able to appear and participate
To the manner in which it is procured,
procured through under the table through
bribery
Annulment of judgement under rule 47-lack
of jurisdiction
HW: reconveyance
Petition for certiorari

Mirror doctrine