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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