NEW

TRIAL or RECONSIDERATION Extrinsic fraud fraudulent act of the successful party in a litigation which is committed outside the trial of a case to prevent the defeated party from presenting fully and fairly his side of the case Intrinsic fraud perjury Excusable negligence Failure to take the proper steps at the proper time due to unexpected or unavoidable hindrance or accident APPEAL Ordinary appeal appeal to CA shall be taken by filing a notice of appeal with the court & serving a copy thereof upon the adverse party Petition for review Rule 42 ROC Appeal by certiorari question of law are raised (SC) No appeal when: 1. An order denying a motion for new trial or reconsideration 2. An order denying a petition for relief or any similar motion seeking relief from judgment 3. An interlocutory order 4. An order disallowing or dismissing an appeal 5. An order denying a motion to set aside judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent 6. An order of execution 7. A judgment of final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and 3rd-party complaints, while the main case is pending, unless the court allows an appeal therefrom 8. An order dismissing an action without prejudice REVIEW OF DECREE OF REGISTRATION Actual fraud there must be an intentional concealment or omission of a fact required by law which was calculated to deceive or deprive another of his legal rights Relief is granted: 1. Deliberate misrepresentation that the lots are not contested when in fact they are 2. Applying for and obtaining adjudication and registration in the name of a co- owner of land which he knows had not been allotted to him 3. Intentionally concealing facts, and conniving with the land inspector to include in the survey plan the bed of a navigable stream 4. Willfully misrepresenting that there are no other claims 5. Deliberately failing to notify the party entitled to notice 6. Inducing a claimant no to oppose 7. Misrepresenting by the applicant about the identity of the lot to the true owner causing the latter to withdraw his opposition

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero

8. Failure of the applicant to disclose vital facts 9. Deliberate falsehood Relief not granted: 1. Fraud goes into the merits of the case 2. Fraud is in the presentation at the trial of a supposed forged document PURCHASER IN GOOD FAITH 2 Obligations when a buyer enters into a contract of sale: 1. Payment of the consideration 2. The performance of the payment in good faith SC is not a trier of facts, and the factual findings of the CA are binding and conclusive upon the Court unless: 1. The conclusion is a finding grounded entirely on speculation, surmise and conjecture 2. The inference made is manifestly mistaken 3. There is grave abuse of discretion 4. Judgment is based on a misapprehension of facts 5. Findings of fact are conflicting 6. CA went beyond the issues of the case and its findings are contrary to the admissions of both appeallant and appellees 7. Findings of fact of the CA are contrary to those of the trial court 8. Findings of fact are conclusions without citation of specific evidence 9. Facts are set forth in the petition as well as in the petitioners main and reply briefs are not disputed by the respondent 10. Findings of fact of the CA are premised on the supposed absence of evidence Art 1544: If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property Should there be no inscription, the ownership shall pertain to the person who in good faith was first in possession, and in the absence thereof, to the person who presents the oldest title, provided there is good faith RECONVEYANCE $96 of PD1529: That nothing in this Decree shall be construed to deprive the plaintiff of any action which he may have against any person for such loss or damage or deprivation without joining the National Treasurer party defendant Action in personam judgment therein is binding only upon the parties properly impleaded and duly heard or given an opportunity to be heard (it is important that the court has jurisdiction over the person)

 Preponderance of evidence weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term greater weight of the evidence Laches It will not exert its equitable powers in order to save one from the consequences of his own neglect Elements of laches: 1. Conduct on the part of the defendant, or of one under whom her of one under whom he claims, giving rise to the situation of which complain is made and for which the complaint seeks a remedy 2. Delay in asserting the complaints rights, the complainant had knowledge or notice, of the defendants conduct and having been afforded an opportunity to institute a suit 3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he based his suit 4. Injury or prejudice to the defendant in the event relief is accorded to the complainant Res judicata well-settled is the rule that when a court of competent jurisdiction has tried and decided a right of fact, so long as the decision remains unreversed, it is conclusive on the parties and those in privity with them Elements of res judicata: 1. The former judgment must be final 2. The court which rendered it had jurisdiction over the subject matter and the parties 3. The judgment must be on the merits 4. There must be between the 1st and the 2nd action, identity of parties, subject matter and cause of action QUIETING OF TITLE Cloud on title outstanding claim or encumbrance which, if valid, would affect or impair the title of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question TRUSTS Express created by the direct and positive acts of the parties, by some writing or deed or will or by words evidencing an intention to create a trust Implied Those which, without being expressed, 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, independently of the particular intention of the parties Resulting based on the equitable doctrine that valuable consideration and not legal title determines the equitable title or interest and are presumed always to have been contemplated by the parties

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero

 Constructive created by the construction of equity in order to satisfy the demands of justice and prevent unjust enrichment ACTION FOR REVERSION Escheat proceedings instituted as a consequence of a violation of the Constitution which prohibits transfers of private agricultural lands to aliens

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero