Land titles and Deeds

1. What is the exception to the continuous and open possession of the property?
a. War;
b. Fortuitious events
2. Remedies categories
a. Those remedies to be availed of before the decision becomes final and executory
i. Motion for new trial (requisites- four48;40)
1. Grounds for new trial
a. Fraud that the ordiniary diligence cannot be determined;
Excusable negligence
b. Newly discovered evidence could not have been availabel or
produced during the trial which can change the decision of the
court
2. When will you file?
a. 15 days
3. How to prove?
a. There must be an affidavit of merit.
i. If none, then denied the motion for new trial
ii. Motion for appeal
1. How many days do you have before may use the remedy of appeal?
a. 15 days from the receipt of decision and final order denial of the
new trial and motion of appeal
iii. Motion for reconsideration
1. Insufficiency of the evidence
2. By pinpointing the decision that is different in the evidence as
establlished by the court.

If you availed of the wrong remedy:34: 20

If motion for new trial is granted?effects?

a. There is a decision – which will be vacated. There will be new

trial.
b. There will be presentatioin of new evidence;
c. Evidence previously presented shall still be used provided that
they are relevant.

What are the examples of excusable negligence?

44;50
Mistake?- missapprehension of facts
Fraud- factual and extrinsic fraud
1. actuual fruad;
 2. constructive fraud.

Extrinsic fraud
1. Service of summons;
2. Sabi na walang judge pero meron pala.

Intrinsic fraud

b. Remedies that may be availed of by the before the issuance of the title
i.
c. Remedies where the after the Title has been issued
3. When does a decision becomes final
a. 15 days after the receipt of the judgement and no appeal has been taken therefrom
4. Is it poossiblel that there is partial judgement?
a. Yes, possible. 5 lland subject only 3 given decision.