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REMEDIES AVAILABLE TO THE AGGRIEVED PARTY:  was already a compromise agreement is a ground for new trial EXCUSABLE NEGLECT  means failure to take proper steps at the proper time, not in consequence of the party’s own carelessness, inattention of willful disregard of the process of the court, but in consequence of some unexpected or unavoidable hindrance, accident or reliance on the care and vigilance of his counsel or promises made by the adverse party

REMEDIES AVAILABLE BEFORE ENTRY OF THE DECREE 1. NEW TRIAL OR RECONSIDERATION  If motion for new trial is granted: JUDGMENT IS SET ASIDE  If motion for reconsideration is granted: JUDGMENT MERELY AMENDED  PERIOD OF FILING: within the 15-day period for perfecting the appeal  GROUNDS (FAN) a. Fraud, accident, mistake or excusable negligence which ordinary prudence could have guarded against (FAME)  Fraud to be ground for nullity of a judgment must be EXTRINSIC. EXTRINSIC FRAUD INTRINSIC FRAUD refers to any fraudulent act of refers to acts of a party in a the successful party in a litigation during the trial, litigation which is committed such as the use of forged outside the trial of the case instruments or perjured against the defeated party, or testimony, which did not his agents, attorneys or affect the presentation of witnesses, whereby said the case, but did prevent a defeated party is prevented fair and just determination from presenting fully and fairly of the case. his side of the case.

b. c.

Award of excessive damages or insufficiency of the evidence to justify the decision Newly discovered evidence

2.

APPEAL  PERIOD OF FILING: within 15 days from notice of the judgment or final order appealed from; if record on appeal required, appellant shall file a notice of appeal and a record on appeal within 30 days from notice of judgment  Neypes vs CA

ACCIDENT  Illness constitutes accident over which a party has no control MISTAKE  Is some unintentional act, omission, or error arising from ignorance, surprise, imposition or misplace confidence  Ex. Belief that there is no need to appear during the trial because there

“In case a motion for new trial or motion for reconsideration of the decision is filed and the same is denied, the party litigant is given a fresh period of 15 days from receipt of the final order denying his motion within which to file the notice of appeal.”
 PERFECTION OF APPEAL:  NOTICE OF APPEAL is deemed perfected as to him upon the filing of the notice of appeal in due time; court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties

©Lara Carmela Fernando

it is petition for review of the decree when it is filed within the 1 year period after such entry  A petition for review is a remedy separate and distinct from a motion for new trial and the right to the remedy is not affected by the denial of such motion  Date of issuance of patent is equivalent to the decree of registration  One the patent is granted and the corresponding certificate of title is issued. mistake. the land ceases to be part of the public domain and becomes private property over which the Director of Lands has neither control nor jurisdiction REMEDIES AVAILABLE AFTER THE CERTIFICATE OF TITLE BECOMES FINAL RECONVEYANCE  NATURE: is a legal and equitable remedy granted to the rightful owner of land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him. PETITION FOR REVIEW OF DECREE OF REGISTRATION  GROUNDS: actual fraud in the procurement of the decree  PERIOD OF FILING: within 1 year from issuance of the decree by the LRA  REQUISITES: a. Petition for review. The property has not yet passed to an innocent purchaser for value  It is petition for review of judgment when it is filed after rendition of the decision but before the entry of the decree of registration. Appeal by certiorari.questions of law are raised or involved. mistake.appeal to CA cases decided by RTC in the exercise of its original jurisdiction b. in personam  STATUTORY BASIS: Sec. or excusable negligence. may be availed only when the judgment has become final and a new trial is not available  PERIOD OF FILING: Within 60 days after the petitioner learns of the judgment. Petition must be file within 1 year from issuance of the decree d.Land Titles and Deeds |2 RECORD ON APPEAL is deemed perfected as to him wrt the subject matter thereof upon the approval of the record on appeal in due time. appeal to SC  appeal. Ordinary appeal. The petitioner must have an estate or interest in the land b. i. He must show actual fraud in the procurement of the decree c. accident. he may file a petition in such court and in the same case praying that the appeal be given due course REMEDY AVAILABLE WITHIN 1 YEAR AFTER ENTRY OF DECREE 4. 96 of PD 1529 states “ that nothing in this Decree shall be construed to deprive the plaintiff of any action  REMEDY AVAILABLE AFTER JUDGMENT BECOMES FINAL BUT NOT LATER THAN 6 MONTHS AFTER SUCH JUDGMENT WAS ENTERED 3. or excusable negligence. or proceeding and not more than 6 months after such judgment or order was entered or such proceeding was taken  A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has been denied † RELIEF FROM JUDGMENT  GROUNDS:  When a judgment is entered against a party through fraud.appeal to CA cases decided by RTC in the exercise of its appellate jurisdiction c. has been prevented from taking an 5. order . † ©Lara Carmela Fernando . RELIEFS  NATURE: subsidiary remedy. court loses jurisdiction only over the subject matter thereof upon approval of the records on appeal filed in due time and the expiration of the time to appeal of the other parties MODES OF APPEALS a.e. such party may file a petition in the court that rendered such judgment praying that the said judgment be set aside RELIEF FROM DENIAL OF APPEAL  GROUNDS:  When a judgment or final order is rendered by any court in a case and a party thereto by fraud. accident.

the property has not yet passed to an innocent purchaser for value d. implied or express  Implied trust.   8. In cases of fraudulent or unlawful inclusion of land in patents or certificates of title c. action must be brought in the name of a person claiming ownership or dominical right over the land registered in the name of the defendant b. where such value exceeds P50. d. Fraud  4 years from discovery of the alleged fraud b.is the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property. if valid. are deducible from the nature of the transaction as matters of intent or which are superinduced on the transaction by operation of law as matters of equity.000 QUANTUM OF PROOF: clear and convincing evidence PRESCRIPTION OF ACTION: a. and on its face has the effect.” REQUISITES: a. independently of the particular intention of the parties Void contract. ©Lara Carmela Fernando .Land Titles and Deeds |3 which he may have against any person for such loss or damage or deprivation without joining the National treasurer party defendant. e.those which without being expressed. or not later than 10 years in the case of an implied trust WHERE TO FILE ACTION:  RTC has exclusive original jurisdiction in all civil actions which involve the title to or any interest in property where the assessed value thereof exceeds P20. doubt. record.  6. the registration of the land in the name of the defendant was procured through fraud of other illegal means c.000 or.imprescriptible To quiet title where plaintiff is in possession-imprescriptible Land acquired through land patents—state not bound by prescription  Laches may also bar recovery QUIETING OF TITLE  NATURE: common law remedy for the removal of any cloud. Implied trust  10 years from the date of the issuance of the OCT or TCT  TRUST.000  MTC has exclusive original jurisdiction over civil actions which involve the title to or any interest in property where the assessed value thereof does not exceed P20. or uncertainty affecting title to real property  Cloud on title is an outstanding claim or encumbrance which. 1144 of CC ACTION FOR REVERSION  Seeks to restore public land fraudulently awarded and disposed of to private individuals or corporations to the mass of public domain  Objective: cancellation of the certificate of title and the resulting reversion of land to the State  Instituted by the government thru the Solicitor General  GROUNDS: a. encumbrance or proceeding which may be prejudicial to the title to real property or any interest therein  This may also be availed of by person other than the registered owner because “title” does not necessarily refer to OCT or TCT.  7. claim. the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter. action is filed after the certificate of title had already become final and incontrovertible but within 4 years from the discovery of the fraud. but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question  Cloud may be by reason of any instrument. Where lands of the public domain and the improvements thereon and all lands are held in violation of the Constitution b. ACTION FOR DAMAGES  May be resorted to when a petition for review and an action for reconveyance is no longer possible because the property has passed to an innocent purchaser for value and in good faith  Prescribes in 10 years after issuance of Torrens title pursuant to art. would affect or impair the title of the owner of a particular estate. in MM.

appeal. or other employees of the Registry in the performance of their respective duties under the provisions of the PD 1529.Land Titles and Deeds |4 Alienations of land acquired under free patent or homestead provisions in violation of sec 118. the title earlier in date must prevail  The latter title should be declared null and void and ordered cancelled 10. petition for relief or other appropriated remedies are no longer available thru no fault of petitioner(UNDER RULE 47 OF THE RULES OF COURT)  GROUNDS: a. 120. or b. or by mistake. CANCELLATION OF TITLE  Where 2 certificates are issued to different persons covering the same land. Alienation of lands acquired under CA 141 in favor of persons not qualified under Secs. petition for relief or other appropriate remedy and lost. Conveyance made by non-christians in violation of sec. CRIMINAL PROSECUTION  State may criminally prosecute for perjury the party who obtains registration thru fraud such as by asserting false assertions in the sworn answer required of applicants in cadastral proceedings  ©Lara Carmela Fernando . and allowed only in exceptional cases where the ordinary remedies of new trial. and it is only essential that he can prove his allegation that the judgment was obtained by the use of fraud and collusion and he would be adversely affected thereby   12. equitable in character. his deputy. PD 1529) 11. RECOVERY FROM THE ASSURANCE FUND  REQUISITES: a. and (2) that the loss or damage sustained was through any omission. CA141 e. 101.4 years prescription b. omission or misdescription in any certificate of owner’s duplicate. or claim upon the same PRESCRIPTION: 6 YEARS from time the right to bring such action first occurred c. or when he has failed to avail himself of those remedies thru his own fault or negligence A person need not be a party to the judgment sought to be annulled.before it is barred by laches The remedy may not be invoked where the party has availed himself of the remedy of new trial. or by registration by any other person as owner of such land. Any person who sustains loss or damage under the following conditions: (1) that there was no negligence on his part. appeal. 121-123 9. or the Registrar of Deeds. and (3) That he is barred or in any way precluded from bringing an action for recovery of such land or interest therein. (2) That he was deprived as a consequence of the bringing of his land or interest therein under the provisions of the Property Registration Decree. mistake or malfeasance of the court personnel.   Must be filed against the Register of deeds and the national treasurer as defendants Breach of trust not a ground for a claim against the Assurance Fund (sec. Any person who has been deprived of any land or interest therein under the following conditions: (1) that there was no negligence on his part. or in any entry or memorandum in the register or other official book or by any cancellation. Lack of jurisdiction. Extrinsic fraud. ANNULMENT OF JUDGMENT  NATURE: an extraordinary remedy. CA141 d.