SEC. 30. When judgment becomes final; duty to cause issuance 4.

4. What is the effect of expiration of 1 year from issuance of

of decree. —
The judgment rendered in a land registration proceedings becomes
final upon the expiration of 15 days to be counted from the date of
receipt of notice of the judgment.
An appeal may be taken from the judgment of the court as in ordinary
civil cases.
After judgment has become final and executory, it shall devolve upon
the court to forthwith issue an order in accordance with Section 39
of this Decree to the Administrator for the issuance of the decree
of registration and the corresponding certificate of title in favor of
the person adjudged entitled to registration.
Appeal (as in ordinary civil cases)
New Trial or Reconsideration
Relief from Judgment
A RECONVEYANCE
final decree?
a. Judgment once final cannot be amended to modify decree.
b. Registration court ceases to have jurisdiction over it for any
purpose and it returns to the jurisdiction of the ordinary
courts of law for all subsequent purposes
The only authority remaining in the registration court after its decree
becomes final is that given to it by Section 108
*Ratio: purpose of the Torrens system of registration is to settle finally
and for all time the title to land registered
5. When will the government be bound by the judgments of the
registration court?
Only when the Solicitor General receives the judgments
*Ratio: The notice of appearance makes clear that “only notices of
orders, resolutions, and decisions served on (the Solicitor General) will
bind the party represented (government or office concerned).”

6. May court orders and decisions sent to the provincial or city

prosecutor or special attorney, acting as agent of the
Final and executory judgment (Upon expiration of 15 days from date Solicitor General in land registration cases bind the
of receipt of notice of judgment)
B Government?
No, they are not binding until they are actually received by the Solicitor
General
Republic v. Polo
Court to issue an order (Sec. 39) for issuance of decree of registration He [fiscal] was merely a surrogate of the Solicitor General whose
and certificate of title by LRA Administrator office, “as the law office of the Government of the
C Republic of the Philippines,” is the entity that is empowered to
“represent the Government in all registration and related proceedings
xxx

Section 32: Within 1 year from issuance of decree of registration >>>

Review of Decree C. DECREE OF REGISTRATION AND CERTIFICATE OF TITLE
D 7. What are the inherent elements of right of ownership?
a. Judgment confirming the title of the applicant and ordering
its registration in his name necessarily carried with it
Incontrovertible and Indeafeasible except b. Delivery of possession [ = writ of possession]
RECONVEYANCE
DAMAGES
E REVERSION v. CANCELLATION 8. What is a writ of possession?
A writ of possession is employed to enforce a judgment to recover the
possession of land.

How? It commands the sheriff to enter the land and give possession of
it to the person entitled under the judgment
A. APPEAL
(See Rules of Court on Appeal) When may this be issued? (Serra v. Court of Appeals)
The cases where a writ of possession may be issued:
B. FINALITY OF JUDGMENT (1) in a land registration proceeding, which is a proceeding in
1. When is the finality of judgment? rem;
Upon the expiry of 15 days counted from the receipt of notice of (2) in an extra-judicial foreclosure of a realty mortgage;
(3) in a judicial foreclosure of mortgage, a quasi in rem proceeding,
judgment (Sec. 39, BP 129)
provided that the mortgagor is in possession of the mortgaged realty
and no third person, not a party to the foreclosure suit, had intervened;
2. Until when does the Court retain jurisdiction over the case? and
Until after expiration of 1 year from the issuance of the final (4) in execution sales
decree of registration by LRA
Gomez v. CA 9. When may the applicant or subsequent purchaser from
As long as a final decree has not been entered by the LRA and applicant enforce judgment to recover possession of land?
the period of one (1) year has not elapsed from date of entry of After the registration of a land is decreed in favor of the applicant, the
such decree, the title is not finally adjudicated and the decision in latter, as well as any subsequent purchaser of the property has the
the registration proceeding continues to be under the control and right to the title and possession thereof, and to that end he may ask
sound discretion of the court rendering it the proper court for the issuance of a writ of possession, provided
*Final decree = the decree of registration, which is actually the copy of the same has not been issued before
the original certificate of title to be thereafter issued by the Register of
Deeds 10. To whom may writ of possession be issued against?
a. person who has been defeated in a registration case
3. What may happen during this 1 year from issuance of final b. anyone unlawfully and adversely occupying the land or any
decree? portion thereof during
The decision may, upon notice and hearing, be still set aside and the a. the land registration proceedings up to
land adjudicated to another with better right b. the issuance of the final decree
11. May a writ of possession be issued against anyone
occupying the land after the issuance of final decree?
No. When other persons have subsequently entered the property,
claiming the right of possession, the owner of the registered property
or his successors in interest cannot dispossess such persons by
merely asking for a writ of possession.
The remedy is to resort to the courts of justice and institute a separate
action for unlawful entry or detainer or for reinvidicatory action (Bernas
v. Nuevo).
Note: Writ of possession is a summary ousting of possessors of land,
thus no day given in the court
12. When will writ of possession NOT be issued?
a. When it has already been issued at the instance of the
applicant or his successors, who hold transfer certificates of
title
b. When the persons against whom it is sought to be used have
occupied the premises after the final decree was issued,
and have not taken direct part as opponents in the
registration proceedings where said final decree was
issued
*Ratio for b: Actual possession under claim of ownership raises a
disputable presumption of ownership. The true owner must resort to
judicial process, for the recovery of the property (Article 433, New Civil
Code), not summarily through a motion for the issuance of a writ of
possession.
13. May writ of possession be issued when an owner of land has
petition for reconstitution of the allegedly lost or destroyed
certificate of title?
No. Reconstitution does not confirm or adjudicate ownership over
the property covered by the reconstituted title as in original land
registration proceedings where, in the latter, a writ of possession may
be issued to place the applicant-owner in possession
14. What is the consequence of the refusal to vacate the land?
The dispossession or ejectment is exclusively incumbent upon the
sheriff to execute, and to carry out the mandates of the judgment in
question to place the rightful owners in possession of the land. For that
purpose, the sheriff could even
have availed himself of the public force, had it been necessary
to resort thereto.
Hence, it is not contempt against those who refuse to vacate the land
(Vencilao v. Vano).
15. What is a certificate of title?
Certificate of title is a true copy of the decree of registration.
SEC. 31. Decree of registration. —
Every decree of registration issued by the Administrator shall bear the
date, hour and minute of its entry, and shall be signed by him.
It shall state whether the owner is married or unmarried, and if
married, the name of the husband or wife: Provided, however, That if
the land adjudicated by the court is conjugal property, the decree shall
be issued in the name of both spouses.
If the owner is under disability, it shall state the nature of disability,
and if a minor, his age.
It shall contain a description of the land as finally determined by the
court, and shall set forth the estate of the owner, and also, in such
manner as to show their relative priorities, all particular estates,
mortgages, easements, liens, attachments, and other
encumbrances, including rights of tenant-farmers, if any, to which the
land or owner’s estate is subject, as well as any other matters properly
to be determined in pursuance of this Decree.
The decree of registration shall bind the land and quiet title thereto,
subject only to such exceptions or liens as may be provided by law.
It shall be conclusive upon and against all persons, including the
National Government and all branches thereof, whether mentioned by
name in the application or notice, the same being included in the
general description “To all whom it may concern.”
1. What must be contained in the decree of registration?
a. date of entry
b. sign
c. married or unmarried
d. disability
e. age if minor
f. description of land
g. estate of owner
h. relative priorities
i. encumbrances
2. Who shall be bound by the decree of registration?
a. All whether mentioned or not mentioned as being included in
the general description “To Whom It May Concern”
3. Is the duty of LRA in issuing decree ministerial?
Yes, it is in his capacity as an officer of court and not as an
administrative official merely thus he acts under and in conformity of
the order of court
*If he is in doubt in relation to preparation or issuance of decree, it
is his duty to refer the matter to the Court
4. Is the certificate of title indefeasible after 1 year from
issuance of decree?
Yes, Torrens title becomes indefeasible and incontrovertible one year
from its final decree
However, one exception to this rule is where a person obtains a
certificate of title to a land belonging to another and he has full
knowledge of the rights of the true owner He is then considered as
guilty of fraud and he may be compelled to transfer the land to the
defrauded owner so long as the property has not passed to the hands
of an innocent purchaser for value (National Grains Authority v.
Intermediate Appellate Court)
SEC. 32. Review of decree of registration; Innocent purchaser for
value. —
The decree of registration shall not be reopened or revised by reason
of absence, minority, or other disability of any person adversely
affected thereby, nor by any proceeding in any court for reversing
judgments,
subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or of any
estate or interest therein by such adjudication or confirmation of title
obtained by actual fraud, to file in the RTC a PETITION FOR
REOPENING AND REVIEW OF THE DECREE OF REGISTRATION
not later than one year from and after the date of the entry of such
decree of registration, but in no case shall such petition be
entertained by the court where an innocent purchaser for value has
acquired the land or an interest therein, whose rights may be
prejudiced.
Whenever the phrase “innocent purchaser for value” or an equivalent
phrase occurs in this Decree, it shall be deemed to include an innocent
lessee,
mortgagee, or other encumbrancer for value.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of registration
in any case may pursue his remedy by action for damages against the
applicant or any other persons responsible for the fraud.
 E.g., not disclosing in her application for registration the vital facts that
General Rule: Decree of Registration shall NOT be REOPENED or her husband’s previous application for a revocable permit and to
REVISED Exception to exception: purchase the lands in question from the Bureau of Lands had been
Exception: If title obtained by rejected (Republic v. Lozada)
Purchased by "Innocent
actual fraud
purchaser for value"
ACCIDENT
1. What are the remedies of an aggrieved party to question the Ex. failure to attend trial for lack of advance notice
validity of judgment in a registration case?
MISTAKE
Unintentional act, omission, or error arising from ignorance, surprise,
A. New trial or reconsideration under Rule 37 imposition or misplaced confidence
When: Within the period for taking an appeal
- Within 15 days from receipt of notice of judgment appealed Refers to the substance of the thing which is the object of the contract,
from or to the condition which has principally moved one or both parties to
- If requiring record on appeal, within 30 days after notice of enter into the contract
final judgment
EXCUSABLE NEGLIGENCE
Grounds: failure to take the proper steps at the proper time, in consequence of
(a) FAME: Fraud, accident, mistake or excusable negligence some unexpected or unavoidable hindrance or accident, or reliance on
which ordinary prudence could not have guarded against the care and vigilance of his counsel or on promises made by the
and by reason of which such aggrieved party has probably adverse party
been impaired in his rights;
(b) Newly discovered evidence, which he could not, with Ex. failure of defendant’s attorney to file his answer on time may be
reasonable diligence, have discovered, and produced at the excused where such failure was due to the fact that the employee who
trial, and which if presented would probably alter the result. was commissioned to file the answer which he had prepared on time
was suddenly taken ill
Contents:
- made in writing B. Relief from judgment/ denial of appeal under Rule 38
- stating the ground WHEN: Within 60 days after petitioner learns of judgment and not
- shall be served by movant to adverse party more than 6 months after judgment was entered
*May be availed if decision is final and executory, and new trial is not
Prohibited Motion: Motion for extension of time to file a motion for allowed
new trial or reconsideration
WHAT: petition must be verified and accompanied with affidavits
New Trial Reconsideration showing FAME
If the motion for new trial is if the motion for reconsideration is
granted, the judgment is set granted, the judgment is merely NOTE: Relief A and B are exclusive relief; petition for one bars the
aside amended petition for another (A is to set aside or amend judgment; B is to be
Grounds: FAME, NDE Grounds: excused from the judgment*)
- FAME,
- NDE C. Appeal to the CA or SC in the same manner as in ordinary
- damages awarded are actions pursuant to Section 3 3 of PD No. 1529
excessive,
- evidence is insufficient SEC. 33. Appeal from judgment, etc. —
to justify the decision or
final order or The judgment and orders of the court hearing the land registration
- decision or final order case are appealable to the Court of Appeals or to the Supreme
is contrary to law Court in the same manner as in ordinary actions.
A motion for new trial shall be A motion for reconsideration shall
proved in the manner provided for point out specifically the WHEN: judgment or final order that completely disposes of the case
proof of motions. findings or conclusions of the
judgment or final order which are WHEN CAN THERE BE NO APPEAL (ONLY R65):
- supported by affidavits not supported by the evidence or - Denying New Trial/MR
of merits which are contrary to law, making - Denying Relief from judgment
- supported by affidavits express reference to the - Interlocutory Order
of the witnesses by testimonial or documentary - Dismissal of appeal
whom such evidence is evidence or to the provisions - Denying motion to set aside judgment
expected to be given, of law alleged to be contrary to - Denying motion for execution
or by duly such findings or conclusions. - counterclaims
authenticated - dismissal without prejudice
documents which are
proposed to be MODES OF APPEAL
introduced in evidence a. Ordinary Appeal: RTC in original j.  CA
*What is affidavit of merits sets forth the facts and circumstances a. within 15 days/ req. record on appeal: 30 days
alleged to constitute FAME  this is not necessary if the granting of b. Petition for Review: RTC in appellate j.  CA R42
the motion for new trial is not discretionary with the court’s but is c. Appeal by certiorari: QLaw  SC (R45)
demandable as of right a. 15 days from notice of the
RE: GROUNDS
judgment or final order or
FRAUD resolution appealed from, or of the
Must be extrinsic fraud: committed outside the trial whereby said denial of the petitioner’s motion for
defeated party is prevented from presenting fully and fairly his side of new trial or reconsideration filed in
the case
E.g., intentional omission by the respondent to properly inform the due time after notice of the
court a quo that there were persons (the petitioners) in actual judgment
possession and cultivation of the parcels in question (Cruz v. Navarro)
NEYPES DOCTRINE:
Fresh period of 15 days from receipt of final order denying his motion
to file notice of appeal
WHEN IS A NOTICE OF APPEAL PERFECTED?
Upon filing of the notice of appeal within due time
WHEN DO COURTS LOSE JURISDICTION OVER CASE?
In notice of appeal: upon perfection of appeal
In appeals by record on appeal: upon approval of records on appeal
D. Review of decree under Section 32 of PD No. 1529
WHEN: Within 1 year from issuance (= entry) of final decree
Rivera v. Moran: Petition may be filed at any time after the
rendition of the court’s decision and before the expiration of
1 year from the entry of the final decree of registration for
WHEN NOT GRANTED:
(a) Where the alleged fraud goes into the merits of the case, is
intrinsic and not collateral, and has been controverted and decided;
(b) Where it appears that the fraud consisted in the presentation at the
trial of a supposed forged document, or a false and perjured
testimony; or in basing the judgment on a fraudulent compromise
agreement; or in the alleged fraudulent acts or omissions of the
counsel which prevented the petitioner from properly presenting the
case.
GROUND: Actual fraud
REQUISITES:
(a) The petitioner must have an estate or INTEREST in the land;
(b) He must show ACTUAL FRAUD in the procurement of the decree
of registration;
(c) The petition must be filed within ONE YEAR from the issuance of
the decree by the Land Registration Authority; and
(d) The property has not yet passed to an INNOCENT PURCHASER
FOR VALUE
RE: 1) INTEREST: If they do not appear and oppose the registration of
their own estate or interest in the property in the name of another,
judgment is rendered against them by default, and, in the absence
of fraud, such judgment is conclusive.
RE: 2) ACTUAL FRAUD: Extrinsic Fraud
Defeated party, his agents, attorneys or witnesses, is prevented from
presenting fully and fairly his side of the case
(a) Deliberate misrepresentation that the lots are not contested when
in fact they are;
(b) 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 in the partition;
(c) Intentionally concealing facts, and conniving with the land inspector
to include in the survey plan the bed of a navigable stream;
(d) Willfully misrepresenting that there are no other claims;
(e) Deliberately failing to notify the party entitled to notice;
(f) Inducing a claimant not to oppose the application for registration;
(g) Misrepresentation by the applicant about the identity of the lot to
the true owner causing the latter to withdraw his opposition.
(h) Failure of the applicant to disclose in her application for registration
the vital facts that her husband’s previous application for a revocable
permit and to purchase the lands in question from the Bureau of Lands
had been rejected, because the lands were already reserved as a site
for school purposes;
(i) Deliberate falsehood that the lands were allegedly inherited by the
applicant from her parents, which misled the Bureau of Lands into not
filling the opposition and thus effectively depriving the Republic of its
day in court
MAY THIS BE INVOKED FOR LANDS COVERED BY PATENTS?
Yes.
Ratio: Once the patent is granted and the corresponding certificate of
title is issued, 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 (Sec. 103 = whenever public land is by the
government alienated, granted, or conveyed to any person, the same
shall be brought forthwith under the operation of the said decree)
HOW SHALL THAT PERIOD OF ONE YEAR BE COMPUTED IN
PATENT?
(Sumail v. Judge of the CFI of Cotabato)
Date of the issuance of the patent corresponds to the date of the
issuance of the decree in ordinary registration cases
Ratio: because the decree finally awards the land applied for
registration to the party entitled to it, and the patent issued by the
Director of Lands equally and finally grants, awards, and conveys the
land applied for to the applicant
WHAT IS AN INNOCENT PURCHASER FOR VALUE?
- one who buys property of another
- without notice that some other person has a right to, or
interest in, such property and
- pays a full and fair price for the same,
- at the time of such purchase, or before he has notice of
the claim or interest of some other person in the property
WHAT IS GOOD FAITH?
Good faith consists in the possessor’s belief that the person from
whom he received the thing was the owner of the same and could
convey his title
*Always presumed
MUST A PURCHASER REQUIRED TO CHECK BEYOND TORRENS
CERTIFICATE OF TITLE TO BE CONSIDERED IN GOOD FAITH?
No, all persons dealing with property covered by a Torrens certificate
of title are not required to go beyond what appears on the face of the
title
Only when there is any cloud or vice in the ownership of the
property, or any encumbrance on the certificate of title shall a
purchaser be required to explore further than what the Torrens title
upon its face that may subsequently defeat his right thereto
E.g., Tajonera v. Court of Appeals, Granados v. Monton
*Ratio: To require him to do more is to defeat one of the primary
objects of the Torrens system.
WHO HAS THE BURDEN OF PROOF IN DECLARING OR
CHALLENGING GOOD FAITH?
As a rule, he who asserts the status of a purchaser in good faith and
for value has the burden of proving such assertion.
WHAT IS THE RULE OF “CAVEAT EMPTOR”?
The actual possession by people other than the vendor should, at
least, put the purchaser upon inquiry
That there were circumstances at the time of the sale, and even at the
time of registration, which would reasonably require the purchaser
to investigate to determine whether defects existed in his vendor’s
title; and that, instead, he willfully closed his eyes to the possibility of
the existence of these flaws — for failure to exercise the measure of
precaution which may be required of a prudent man in a like situation,
he cannot be called a purchaser in good faith
DOES THIS RULE ALSO APPLY TO MORTGAGEES?
Yes, the rule equally applies to mortgagees of real property, thus
including an innocent lessee, mortgagee, or other encumbrancer for
value
CRISOSTOMO V. COURT OF APPEALS
FACTS: Respondent offered to buy the property of petitioner. As
payment, respondent issued 3 postdated checks for said amount.
Petitioner accepted the offer and executed a deed of absolute sale in
favor of respondent.

All postdated checks were all dishonored
Petitioner demanded the return of her title from respondent, only to find
out that the title was now in the possession of a third person as
mortgagee
ISSUE: WON the mortgagee is in bad faith? YES
RULING: Torres is a mortgagee in bad faith.
There are strong indications that Atty. Flor Martinez, the lawyer of
Diana J. Torres, the mortgagee, knew of the defect of (respondent’s)
title.
DOCTRINE: Person dealing with registered land has a right to rely
upon the face of the Torrens Certificate of Title and to dispense with
the need of inquiring further, except when the party concerned has
actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make further inquiries.
*NOTA BENE: A bank is not required, before accepting a mortgage, to
make an investigation of the title of the property being given as
security. Nevertheless, banks are cautioned to exercise more care
and prudence in dealing even with registered lands than private
individuals, for their business is one affected with public interest,
keeping in trust money belonging to their depositors, which they should
guard against loss
WHEN DOES A PURCHASER HAVE THE DUTY TO INVESTIGATE?
GR: A purchaser is not required to explore further than what the
Torrens title, upon its face
XCP: The party has actual knowledge of facts and circumstances that
would impel a reasonably cautious man to make such inquiry or when
the purchaser has knowledge of a defect or the lack of title in his
vendor or of sufficient facts to induce a reasonably prudent man to
inquire into the status of the title of the property in litigation
(Sandoval v. Court of Appeals)
MAY A FORGED DEED BE A ROOT FOR A VALID TITLE?
Yes, if the certificate of title has already been transferred from the
name of the true owner to the name of an innocent purchaser for value
in good faith.
Stated differently, an innocent purchaser for value relying on a Torrens
title issued is protected.
WHAT IS THE RULE ON DOUBLE SALE OF A PROPERTY?
Art. 1544 - The law gives ownership priority to
(1) the first registrant in good faith;
(2) then, the first possessor in good faith; and
(3) finally, the buyer who in good faith presents the oldest title
NOTA BENE: This provision, however, does not apply if the property is
not registered under the Torrens system
WHAT IS THE RULE of “prior est temporae, prior est in jura”?
He who is first in time is preferred in right
E. Reconveyance under Sections 53 and 96
WHO MAY AVAIL?
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
WHEN:
After one year from the issuance of the decree
or even before the issuance of the decree (page 330)
WHEN NOT TO BE AVAILED?
However, this remedy cannot always be availed of by an aggrieved
claimant, as when the rights of innocent purchasers for value will
be affected  Remedy is damages
*RATIO:
The only remedy of the landowner whose property has been wrongfully
or erroneously registered in another’s name is to bring an ordinary
action in court for reconveyance, which is an action in personam and
is always available as long as the property has not passed to an
innocent third party for value
WHAT MUST BE ALLEGED?
(1) that the plaintiff was the owner of the land and,
(2) that the defendant had illegally dispossessed him of the
same
NATURE:
legal and equitable remedy
action in personam
PURPOSE:
does not seek to set aside the decree but, respecting it as
incontrovertible and no longer open to review, seeks to transfer or
reconvey the land from the registered owner to the rightful owner
EFECT OF THE ERRONEOUS REGISTRY?
The property is deemed to be held in trust for the real owner by the
person in whose name it is registered.
(Basis: Article 1456 of the New Civil Code provides that a person
acquiring property through fraud becomes by operation of law a trustee
of an implied trust for the benefit of the real owner of the property)
STATUTORY BASIS?
Section 96 of PD No. 1529
WHERE TO FILE AN 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 P20,000.00, or in Metropolitan Manila, where such value
exceeds P50,000.00
MTC/MuTC if lower that P20,000 or P50,000 respectively
NOTA BENE: This is not incapable of pecuniary estimation
because the action involves title to property, hence, plaintiffs should
have stated in the complaint the assessed value of the property
IS THERE A LIMIT TO PETITION FOR RECONVEYANCE?
Yes, Action for reconveyance may be barred by the (1) statute
of limitations and (2) laches (3) res judicata
(1) PRESCRIPTION: An action for reconveyance of real property
based upon a constructive or implied trust, resulting from fraud, may
be barred by the statute of limitations
The action shall prescribe after 10 years since it is an action based
upon an obligation created by law
^ EXCEPTION: Action based on a void contract, imprescriptible
*Ratio: in actions for reconveyance of property predicated
on the fact that the conveyance complained of was void ab
initio, thus the subsequent sale of the property and title
issued pursuant thereto produced no legal effects
whatsoever.
Quod nullum est, nullum producit effectum.
^OTHER EXCEPTIONS (imprescriptible):
Action based on a fictitious deed (because this is void)
Action to quiet title where plaintiff is in possession
State not bound by prescription
(2) LACHES: estoppel / prevents people who have slept on their rights
from prejudicing the rights of third parties who have placed reliance on
the inaction of the original patentee and his successors in interest
E.g., De la Calzada-Cierras v. Court of Appeals
Petitioners’ complaint to recover the title and possession of the
disputed lot was filed only after 12 years from the registration of the
sale to defendant.
It was held that since the act of registering the conveyance was a
constructive notice to the whole world, the complaint was barred by
laches for petitioners’ failure and neglect for an unreasonably long time
to assert their right to the property.

(3) RES JUDICATA:
Previous judgment bars a petition for the same cause, same party
and same relief
E.g., Roxas v. Court of Appeals
Where the Court has specifically ordered the cancellation of the title of
petitioners’ predecessor-in-interest, the judgment is binding upon
petitioner for it simply stepped into the shoes of Magueson.
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; and
(4) there must be between the first and the second actions, identity of
parties, subject matter and causes of action
MAY RECONVEYANCE BE INVOKED IN LANDS ACQUIRED
THROUGH HOMESTEAD/FREE PATENT?
Yes. The rule that a homestead patent or a free patent, once registered
under the Property Registration Decree, becomes as indefeasible as a
Torrens title issued through regular registration proceedings, is only
true if the parcel of agricultural land granted by the government,
after the requirements of the law had been complied with, was a
part of the public domain.
If it was not but a private land (e.g., belongs to another), the patent
granted and the Torrens title issued upon the patent or homestead
grant are a nullity  thus, the Court may direct the defendant, the
registered owner, to reconvey the parcel of land to the plaintiff
WHAT IS CLOUD ON TITLE?
A cloud on title is an 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.
The remedy for removing a cloud on title is usually the means of an
action to quiet title
WHEN IS ACTION TO QUIET TITLE PROPER?
Whenever there is a cloud on title to real property or any interest
therein, by reason of any instrument, record, claim, encumbrance or
proceedings which is apparently valid or effective but is in truth and in
fact invalid, ineffective, voidable, or unenforceable, and may be
prejudicial to said title, an action may be brought to remove such cloud
or to quiet the title.
An action may also be brought to prevent a cloud from being cast
upon title to real property or any interest therein
WHAT IS A TRUST?
Trust is the legal relationship between one person having an equitable
ownership in property and another person owning the legal title to such
property
KINDS OF TRUST?
Express v. Implied
Resulting v. Constructive
Resulting trusts are 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.
Constructive trusts are created by the construction of equity in order to
satisfy the demands of justice and prevent unjust enrichment
WHEN MAY A TRUSTEE ACQUIRE LANDS HELD IN TRUST?
Trustee cannot acquire by prescription ownership over property
entrusted to him until and unless he repudiates the trust, applies to
express trusts and resulting implied trusts
WHAT IS THE PRESCRIPTIVE PERIOD FOR ACTION TO
RECONVEY TITLE OF REAL PROPERTY ARISING FROM IMPLIED
OR CONSTRUCTIVE TRUST?
10 years counted from the date of the issuance of the certificate of title
over the real property
Amerol v. Bagumbaran
FACTS:
The land in question was patented and titled in the name of X through
false pretenses by fraudulently misrepresenting that X was the
occupant and possessor of the land when he was not because it was A
who was the actual occupant and prior applicant for a free patent over
said land. A alleges that there was an implied trust in his favor.
ISSUE: WON A may compel X to reconvey the land notwithstanding
the irrevocability of Torrens System? YES
RATIO:
Reconveyance does not work to set aside and put under review anew
the findings of facts of the Bureau of Lands. What is sought instead is
the transfer of the property, in this case the title thereof, which has
been wrongfully or erroneously registered in another person’s name to
the rightful owner.
ISSUE: WON the right has prescribed? NO.
RATIO:
Between August 16, 1955, the date of the issuance of the original
certificate of title in the name of the respondent, and December 4,
1964 when the period of prescription was interrupted by the filing of the
answer cum counterclaim, is less than ten years.
F. Damages under Section 32
WHEN: Where the property has already passed into the hands of an
innocent purchaser for value, thus Reconveyance is not possible (after
the 1 year from issuance of decree of registration)
Should be brought within 10 years from the date of the issuance of
the questioned certificate of title pursuant to Article 1144 of the Civil
Code
G. Reversion under Section 101 of CA No. 141
WHAT: connotes restoration of public land fraudulently awarded or
disposed of and may again be the subject of disposition in the manner
prescribed by law to qualified applicants
*NOTE: ONLY IF SAID LAND IS NO HAD NOT BEEN
SUBSEQUENTLY TITLED  otherwise, remedy is cancellation of title
WHO: instituted by the government, through the Solicitor General
E.g., Where the land covered by the homestead application of
petitioner was still within the forest zone or under the jurisdiction of the
Bureau of Forestry, the Director of Lands had no jurisdiction to dispose
of said land under the provisions of the Public Land Act
REVERSION ESCHEAT PROCEEDINGS
Expressly authorized Instituted as a consequence of a
by the Public Land Act violation of the Constitution
which prohibits transfers of
private agricultural lands to aliens
GROUND:
Public land fraudulently awarded or disposed of
IS THE STATE BARRED BY RES JUDICATA/ESTOPPEL?
No.
H. Cancellation of title
WHO: initiated by a private property
WHEN: where there are two titles issued to different persons for the
same lot
EFFECT:
Court to direct the defeated party to vacate the land in question, and
deliver possession thereof to the lawful owner of the land
RULE:
- where two certificates of title are issued to different persons
covering the same land in whole or in part, the earlier in
date must prevail as between the original parties
 - In case of successive registration where more than one
certificate is issued over the land, the person holding
under the prior certificate is entitled to the land as against
the person who relies on the second certificate
I. Recovery from the Assurance Fund under Section 95
*Or Action for compensation from funds
BASIS: SEC. 95
WHO:
A person
- without negligence on his part
- sustains loss or damage, or is deprived of land or any
estate or interest therein
- in consequence of the bringing of the land under the
operation of the Torrens system of arising after original
registration of land,
- through fraud or in consequence of any error, omission,
mistake or misdescription in any certificate of title or in any
entry or memorandum in the registration book, and
- who by the provisions of this Decree is barred or otherwise
precluded under the provision of any law from bringing an
action for the recovery of such land or the estate or interest
therein
Also: he must be the registered owner, and, as to holders of transfer
certificates of title, that they be innocent purchasers in good faith and
for value
WHERE: Any court of competent jurisdiction for the recovery of
damages to be paid out of the Assurance Fund
REQUISITES FOR RECOVERY:
1. person sustains loss or damage, or is deprived of any estate
or interest in land
2. on account of the bringing of land under the operation of the
Torrens system arising after original registration,
3. through fraud, error, omission, mistake or misdescription in
any certificate of title or in any entry or memorandum in the
registration book,
4. without negligence on his part, and
5. Barred or precluded from bringing an action for the recovery
of such land or estate or interest therein.
J. Annulment of judgment under Rule 47
GROUNDS:
- extrinsic fraud (cannot be a ground if vailed in NT/Relief)
- lack of jurisdiction  R65
EFFECT OF JUDGMENT OF ANNULMENT:
- set aside the questioned judgment or final order or resolution
and
- render the same null and void
*without prejudice to the original action being refiled in the proper
court
If on the ground of extrinsic fraud, the court may on motion, order
the trial court to try the case as if a timely motion for new trial
had been granted therein.
K. Criminal prosecution under the Revised Penal Code
- for perjury the party who obtains registration through fraud,
such as by stating false assertions in the application for
registration, sworn answer required of applicants
SEC. 34. Rules of procedure. —
The Rules of Court shall, insofar as not inconsistent with the provision
of this Decree, be applicable to land registration and cadastral cases
by analogy or in a suppletory character and whenever practicable and
convenient.
CADASTRAL REGISTRATION PROCEEDINGS
A. ORDER FOR SPEEDY SETTLEMENT AND
ADJUDICATION; SURVEY; NOTICES
SEC. 35. Cadastral Survey preparatory to filing of petition. —
(a) When in the opinion of the President of the Philippines
public interest so requires that title to any unregistered lands be
settled and adjudicated, he may to this end direct and order the
Director of Lands to cause to be made a cadastral survey of the
lands involved and the plans and technical description thereof
prepared in due form.
(b) Thereupon, the Director of Lands shall give notice to
persons claiming any interest in the lands as well as to the
general
public, of the day on which such survey will begin, giving as fully
and accurately as possible the description of the lands to be
surveyed. Such notice shall be published once in the Official
Gazette, and a copy of the notice in English or the national
language
shall be posted in a conspicuous place on the bulletin board of
the municipal building of the municipality in which the lands or
any portion thereof is situated. A copy of the notice shall also be
sent to the mayor of such municipality as well as to the barangay
captain and likewise to the Sangguniang Panlalawigan and the
Sangguniang Bayan concerned.
(c) The Geodetic Engineers or other employees of the
Bureau of Lands in charge of the survey shall give notice
reasonably in advance of the date on which the survey of any
portion of such lands is to begin, which notice shall be posted in
the bulletin board of the municipal building of the municipality or
barrio in which the lands are situated, and shall mark the
boundaries of the lands by monuments set up in proper places
thereon. It shall be lawful for such Geodetic Engineers and other
employees to enter upon the lands whenever necessary for the
purposes of such survey or the placing of monuments.
(d) It shall be the duty of every person claiming an interest
in the lands to be surveyed, or in any parcel thereof, to
communicate with the Geodetic Engineer upon his request
therefor
all information possessed by such person concerning the
boundary
lines of any lands to which he claims title or in which he claims
any interest.
(e) Any person who shall willfully obstruct the making of
any survey undertaken by the Bureau of Lands or by a licensed
Geodetic Engineer duly authorized to conduct the survey under
this Section, or shall maliciously interfere with the placing of any
monument or remove such monument, or shall destroy or remove
any notice of survey posted on the land pursuant to law, shall be
punished by a fine of not more than one thousand pesos or by
imprisonment for not more than one year, or both.
B. PETITION; LOT NUMBERS
of the lands and shall
be accompanied by a plan thereof, and may contain such other
data as may serve to furnish full notice to the occupants of the
lands and to all persons who may claim any right or interest
therein.
Where the land consists of two or more parcels held or
occupied by different persons, the plan shall indicate the
boundaries or limits of the various parcels as accurately as
possible. The parcels shall be known as “lots” and shall on the
plan filed in the case be given separate numbers by the Director
of
Lands, which numbers shall be known as “cadastral lot
numbers.”
The lots situated within each municipality shall, as far as
practicable, be numbered consecutively beginning with number
“one,” and only one series of numbers shall be used for that
purpose in each municipality. However in cities or townsites, a
designation of the landholdings by blocks and lot numbers may
be employed instead of the designation by cadastral lot numbers.
The cadastral number of a lot shall not be changed after final
decision has been entered decreasing the registration thereof,
except by order of court. Future subdivisions of any lot shall be
designated by a letter or letters of the alphabet added to the
cadastral number of the lot to which the respective subdivisions
pertain. The letter with which a subdivision is designated shall be
known as its “cadastral letter”: Provided, however, That the
subdivisions of cities or town-sites may be designated by blocks
and lot numbers.

C. ANSWER

SEC. 37. Answer to petition in cadastral proceedings. — Any

claimant in cadastral proceedings, whether named in the notice or
not, shall appear before the court by himself or by some other
authorized person in his behalf, and shall file an answer on or
before
the date of initial hearing or within such further time as may
be allowed by the court. The answer shall be signed and sworn to
by the claimant or by some other authorized person in his behalf,
and shall state whether the claimant is married or unmarried, and
if married, the name of the spouse and the date of marriage, his
nationality, residence and postal address, and shall also contain:
(a) The age of the claimant;
(b) The cadastral number of the lot or lots claimed, as
appearing on the plan filed in the case by the Director of Lands,
or
the block and lot numbers, as the case may be;
(c) The name of the barrio and municipality in which the lots
are situated;
(d) The names and addresses of the owners of the adjoining
lots so far as known to the claimant;
(e) If the claimant is in possession of the lots claimed and
can show no express grant of the land by the government to him
or to his predecessors-in-interest, the answer shall state the
length
of time he has held such possession and the manner in which it
has been acquired, and shall also state the length of time, as far
as known, during which the predecessors, if any, held
possession;
(f) If the claimant is not in possession or occupation of the
land, the answer shall fully set forth the interest claimed by him
and the time and manner of his acquisition;
(g) If the lots have been assessed for taxation, their last
assessed value; and
(h) The encumbrances, if any, affecting the lots and the
names of adverse claimants, as far as known.

D. HEARING; JUDGMENT; DECREE

SEC. 38. Hearing, Judgment, Decree. — The trial of the case

may occur at any convenient place within the province in which
the lands are situated and shall be conducted, and orders for
default
and confessions entered, in the same manner as in ordinary land
registration proceedings and shall be governed by the same
rules.
All conflicting interests shall be adjudicated by the court and
decrees awarded in favor of the persons entitled to the lands or to
parts thereof and such decrees shall be the basis for issuance of
original certificates of title in favor of said persons and shall have
the same effect as certificates of title granted on application for
registration of land under ordinary land registration proceedings.