The purpose of the Torrens system is to quiet title to land and to stop forever any

question as to its legality. oOnce a title is registered, the owner may rest secure,
without the necessity of waiting in the portals of the court, or sitting on the ̳mirador
su casa‘ to avoid the possibility of losing his land

Registration does not vest title;it is merely evidence of such title over a particular
property. Our land registration laws do not give the holder any better title than what
he actually has.oRegistration is nota mode to vest ownership.

Purchasers may rely on the face of the title. oThe main purpose of the Torrens
system is to avoid possible conflicts of title to real estate and facilitate transactions
relative thereto by giving the public the right to rely upon the face of a Torrens
certificateof title and to dispense with the need of inquiring further.oEXCEPT: when
party concerned has actual knowledge of facts and circumstances that should impel
a reasonably cautious man to make such further inquiryoWhere innocent third
persons, relying on thecorrectness of the certificate of title this issued, acquire rights
over the property, the court cannot disregard such rights and order the cancellation
of the certificate. oIn this case, thebuyersare considered purchasers in good faith.
There was no annotation on or notice of pending litigation on the title

Registration of instruments must be done in the proper registry in order to affect and
bind the land and, thus, operate as constructive notice to the world. oOtherwise, the
prescriptive period will only begin to run from the time the adversely affected
persons have actual notice of the deedof sale.[Except: if person claiming ownership
is in possession]oIf the sale is registered under the LRA (Torrens title) and it is sold,
but the subsequent sale is registered not under the LRA(Act No. 496)but under Act
No. 3344, said document is deemed not registered

Land registration is an action in rem, not in personam;hence, personal notice to all

the claimants of theresis not necessary to give the court jurisdiction to deal with and
dispose of the res.oNeither may lack of such personal notice vitiate or invalidate the
decree or title issued in registration proceeding.oIt shall be binding upon all persons,
known or unknown.

There is no more distinction between the general jurisdiction vested in the RTC and
the limited jurisdiction conferred upon it by the former law when acting merely as
cadastral court.oThe Property Registration Decree (Section 2) has simplified land
registration proceedings by conferring upon the required courts the authority to act
not only on applications for original registration but over all petitions filed after the
original registration of title, with power to hear and determine all questions arising
from such applications or petitions.

By virtue of P.D. No. 892 (February 16, 1976), the courts, in registration proceedings
under the Torrens system, are precluded from accepting, confirming, and recording
a Spanish title.oAll holders of Spanish titles should have filed applications for
registration of their title on or before August 14, 1976.(According to the court, this is
6 months from its effectivity)

By virtue of P.D.No. 892,all owners of Spanish titles or grants should cause their
lands covered thereby to be registered under the LRA within 6 months from the date
of effectivity of the decree or until August 16, 1976.(Sir says this is the correct date)

The Land Registration Commissioner exercises administrative or executive

functions. Their judicial functions are only incidental.oHe may be investigated and
suspended upon finding of grave abuse of discretion under the legislative grant to
the President to discipline and remove administrative officials who are presidential
appointees

The issuance of a decree of registration is part of the judicial function of the courts
and is not a mere ministerial act which may be compelled through mandamus. oIt is
not compellable by mandamus because it is a judicial act involving the exercise of
discretion.oProper remedy: file a petition en consulate to the LRA

LAND TITLES DOCTRINES (Dean Cadiz)1stsemester SY 2009-

20102CIMAGALA, A.N.| 2D 2012 |EVANGELISTA V. SANTIAGO(2005)oBy
virtue of P.D. No. 892 (February 16, 1976), the courts, in registration proceedings
under the Torrens system, are precluded from accepting, confirming, and recording
a Spanish title.oAll holders of Spanish titles should have filed applications for
registration of their title on or before August 14, 1976.(According to the court, this is
6 months from its effectivity)INTESTATE ESTATE V. CA(1996)oBy virtue of
P.D.No. 892,all owners of Spanish titles or grants should cause their lands covered
thereby to be registered under the LRA within 6 months from the date of effectivity of
the decree or until August 16, 1976.(Sir says this is the correct date)NOBLEJAS V.
TEEHANKEEoThe Land Registration Commissioner exercises administrative or
executive functions. Their judicial functions are only incidental.oHe may be
investigated and suspended upon finding of grave abuse of discretion under the
legislative grant to the President to discipline and remove administrative officials
who are presidential appointees.LABURADA V. LRAoThe issuance of a decree of
registration is part of the judicial function of the courts and is not a mere ministerial
act which may be compelled through mandamus. oIt is not compellable by
mandamus because it is a judicial act involving the exercise of discretion.oProper
remedy: file a petition en consulate to the LRAREPUBLIC V. CAoThe existence of
a certificate of title supports authenticity of ownership.oThe office of the Register of
Deeds constitutes a public depository of records or documents affecting titles to
lands in the province or city wherein such office is situated. oThe existence of an
OCT in the proper registry supports the authenticityof the title.

The function of the Register of Deeds with reference to the registration of deeds,
encumbrances, instruments and the like is ministerial in nature.oHe may not validly
refuse to register a deed of sale presented to him forregistration. Whether the
document is valid or not is not for the RD to determine; this function belongs
properly to a court of competent jurisdiction.oThe RDdoes not have any legal
standing to file a motion for reconsideration of a Judge‘s Order directing him to
cancel the notice of lis pendensannotated in the certificates. In case of doubt as to
the proper step, he should ask for the opinion of the Commissioner of Land
Registration.

LAND TITLES DOCTRINES (Dean Cadiz)1stsemester SY 2009-

20102CIMAGALA, A.N.| 2D 2012 |EVANGELISTA V. SANTIAGO(2005)oBy
virtue of P.D. No. 892 (February 16, 1976), the courts, in registration proceedings
under the Torrens system, are precluded from accepting, confirming, and recording
a Spanish title.oAll holders of Spanish titles should have filed applications for
registration of their title on or before August 14, 1976.(According to the court, this is
6 months from its effectivity)INTESTATE ESTATE V. CA(1996)oBy virtue of
P.D.No. 892,all owners of Spanish titles or grants should cause their lands covered
thereby to be registered under the LRA within 6 months from the date of effectivity of
the decree or until August 16, 1976.(Sir says this is the correct date)NOBLEJAS V.
TEEHANKEEoThe Land Registration Commissioner exercises administrative or
executive functions. Their judicial functions are only incidental.oHe may be
investigated and suspended upon finding of grave abuse of discretion under the
legislative grant to the President to discipline and remove administrative officials
who are presidential appointees.LABURADA V. LRAoThe issuance of a decree of
registration is part of the judicial function of the courts and is not a mere ministerial
act which may be compelled through mandamus. oIt is not compellable by
mandamus because it is a judicial act involving the exercise of discretion.oProper
remedy: file a petition en consulate to the LRAREPUBLIC V. CAoThe existence of
a certificate of title supports authenticity of ownership.oThe office of the Register of
Deeds constitutes a public depository of records or documents affecting titles to
lands in the province or city wherein such office is situated. oThe existence of an
OCT in the proper registry supports the authenticityof the title.BARANDA V.
GUSTILOoThe function of the Register of Deeds with reference to the registration of
deeds, encumbrances, instruments and the like is ministerial in nature.oHe may not
validly refuse to register a deed of sale presented to him forregistration. Whether the
document is valid or not is not for the RD to determine; this function belongs
properly to a court of competent jurisdiction.oThe RDdoes not have any legal
standing to file a motion for reconsideration of a Judge‘s Order directing him to
cancel the notice of lis pendensannotated in the certificates. In case of doubt as to
the proper step, he should ask for the opinion of the Commissioner of Land
Registration.BALBIN V. REGISTERo3 exceptions to the rule that the Register of
Deeds has a ministerial function: 1.Where there are several copies: Where 3 co-
owner‘s duplicate certificates of title are issued, a voluntary instrument cannot be
registered without surrendering all the copies of the same title to the RD so that
every copy thereof would contain identical entries of the transactions affecting the
land covered by the title.[All copies of the same title must be annotated to preserve
integrity of title]2.When the voluntary instrument has an infirmity–Such as when the
property involved is conjugal propertyDisposing of conjugal property cannot be
registered (ex. deed of donationby husband)3.Presence of a pending case:
Registration may be suspended to await the outcome of the suit to determine the
validity of the different conveyances executed by the person seeking the registration
of the voluntary instrument.oAnother exception: Section 112 –Proper form of the
instrument: “....Deeds, conveyances, encumbrances, discharges, powers of attorney
and other voluntary instruments, whetheraffecting registered or unregistered land,
executed in accordance |with law in the form of public instruments shall be
registerable: Provided, that, every such instrument shall be signed by the person or
persons executing the same in the presence of at least two witnesses who shall
likewise sign thereon, and shall acknowledged to be the free act and deed of the
person or persons executing the same before a notary public or other public officer
authorized by law to take acknowledgment. ...etc..

It is a ministerial function of the RD to comply with the decision of the court to issue
a title and register a property in the name of a certain person, especially when the
decision had attained finality.

Reiterates that registration is not a mode of acquiring ownership.oEven if you

register public land, the registration will not convert it to private land
Possession alone is not sufficient to acquire alienable lands of the public domain
because the law requires possession AND occupation.oPossession is broader than
occupation because it includes constructive possession. Thus, when the law added
occupation, it sought to limit the all-encompassing effect of constructive possession.
oThe words ―open, continuous,exclusive and notorious,‖ taken together with
occupation, serves to highlight the fact that for an applicant to qualify, his
possession must not be mere fiction. oActual possession of land consists in the
manifestation of acts of dominion over it of such as a nature as a party would
naturally exercises over his own property

Tax declarations of an earlier date cannot defeat an OCT of a later date.oThe OCT
indicates true and legal ownership by the registered ownersoThe increase in the
area of land by accretion(by the river)does not automatically become registered land
just because the lot which receives it is covered by a Torrens title. The accretion
must also be registered to be placed under the operation of the Torrens system.

Lands added by accretion (by the sea) form part of public domain unless no longer
needed for public use.oThey are not open to acquisition by adverse possession by
private persons

In registration of alienableand disposable(agricultural)public lands, section 14(1)

merely requires the property sought to be registered as already ―alienable and
disposable‖at the time the application for registration of title is filed.(not since
06/12/45)oIf the State, at the time the application is made, has not yet deemed it
proper to release the property for alienation or disposition, the presumption is that
the government is still reserving the right to utilize the property; hence, the need to
preserve its ownership in the State irrespective of the length of adverse possession
even if in good faith. However, if the property has already been classified as
alienable and disposable, then there already is an intention on the part of the state
to abdicate its exclusive prerogative overthe property.oIt is not necessary that the
land be first classified as alienable and disposable before possession; the
requirement is only at filing.oUnder the Property Registration Decree , the requisites
for the filing of an application for registrationof title under Section 14(1) are:

that the property in question is alienable and disposable land of the public domain;

2.that the applicants by themselves or through their predecessors-in-interest have

been in open, continuous, exclusive and notorious possession and occupation, and;
3.that such possession is under a bona fideclaim of ownership since June 12, 1945
or earlier.

A land grant having been made by a Presidential proclamation and by legislative act,
the grantee may apply for the registration of the land and bring it under the operation
of the Torrens system.oAn example of a case falling under section 14(4): ―In any
other manner provided by law‖ –when land of public domain is, by statute or
executive act, ceded and transferred in full ownership in favor of a grantee who may
thereafter file an application for the registration thereofoIn this case, the President
issued Proclamation No, 791 withdrawing from sale or settlement and reserving for
UP College of Agriculture a parcel of land for its experiment station. The reserved
area was ―ceded and transferred in full ownership to the University of the
Philippines subject to existing concessions, if any‖(i.e. Timber License Agreement)

Where more than one certificate of title is issued over the land, the person holding a
prior certificate is entitled to the land as against a person who relies on a
subsequent certificate.oThe rule refers to the date of certificate of title, NOT tothe
date of filing for the applicationforregistration of title.oHence, even though an
applicant precedes another, he may not be deemed to have priority of right to
register title.oDoctrine of stale claims: 1 year from issuance of decree of registration
to contest

In applying for registration, the submission of a tracing cloth plan is a statutory

requirement mandatory in character. The plan and the technical description of the
land must be duly approved by the Director of Lands; otherwise, it has no probative
value.oReason:One of the distinguishing marks of a Torrens title is the absolute
certainty of a registered land. The primary purpose of which, is to fix the exact or
definite identity of the land as shown in the plan and technical descriptions.

The best evidence to identify a piece of land for registration purposes is the original
tracing cloth plan from the Bureau of Lands, but blueprint copies together with other
evidence could also provide sufficient identification.oGR:Original tracing cloth plan is
requiredoEX:Blue print copy of the survey plan together with the lots technical
descriptions approved by the Bureau of LandsoAlso, ifthe survey plan is approved
by the Director of Land and its correctness has not been overcome by clear, strong,
convincing evidence, the presentation of the tracing cloth plan may be dispensed wit

An amendment to an application needs publication only ifit consists in the inclusionof

additional land.oThe requirements of publication and notice will not affect the
jurisdiction of the court if the amendment excludes an area of land.oIf it is later
shown that the decree of registration had included land/s not included in the original
application as published, then the registration proceedings and the decree of
registration must be declared null and void insofar as the land not included in the
publication is concerned.

The buyer in whose favour the land subject of registration proceeding may be
ordered registered may be a total stranger thereto provided that certain requisites
are met.oThe law does not require that the he be a party to the case. The only
requirements are :
The instrumentbe presented to the court by the interested party together with a
motion (anytime after filing of the application and before the issuance of the decree)
that the same be considered in relation with the application.Prior noticemust be
given to the parties in the case

A motion to lift order of general default in LR proceedings should be filed before

entry of final judgment.oThis is after the land registration court issues a certificate of
finality (after granting the application).

Note:Movants as mere interested parties vs. Movants as intervenors-oppositors It

is only in thelatter case that a motion to lift the order of general default is required.

Publication in a newspaper of general circulation is mandatory even when the law

already requires notice by publication in the Official Gazetteas well as by mailing
and postingoThe reason is due process and the reality that the Official Gazette is
not as widely read and circulated as newspapers and is oftentimes delayed in its
circulation, such that the notices published therein may not reach the interested
parties on time, if at all.Additionally, such parties may not be owners of neighboring
properties, and may in fact not own any other real estate

he publication of notice of initial hearing is mandatoryand jursidictional(―shall‖), not

directory. oPublication is sufficient to acquire jurisdiction, but posting/mailing are still
required.oAbsent any publication in a newspaper of general circulation, the land
registration court cannot validly confirm and register title of the applicant.oThe all-
encompassing in remnature of land registration cases, the consequences of default
orders issued against the whole world and the objective of disseminating the notice
in as wide a manner as possible demand a mandatory construction of the
requirements for publication, mailing and posting

Notice to adjoining owners and actual occupants of land are mandatory, without
exceptions. Lapses on the part of courts or their personnel cannot be made a reason
or justification fornon-observance of laws (original copy of the TCT was lost without
the fault of the registrants)

n reopening a cadastral proceeding, publication is not required. Notice to the

government is enough. oAlso, only the solicitor general can assert government claim
to public propertywhich is why notification to the Government must be done through
him. There is no need to furnish the Director of Forestry a copy of the reopening
petition

A mere claim cannot defeat aregistered title. The ―claim‖ here is an annotation on
the survey plan, and such annotation cannot prevail over an actual decree of
registration as reproduced in the certificate.oAll claims of third persons must be
asserted in the registration proceedings.oIf the claim is upheld, that portion shall be
segregated from the property applied for; if not, the adverse decision on the claim is
deemed resolved with finality subject onlyto a petition for review of the decree within
one year from its issuance on the ground of fraud (sec. 38 LRA)

Possession of public lands, however long, never confers title upon the possessor
unless the occupant can prove possession or occupation under claim of ownership
for the required period to constitute a grant from the state.

Notwithstanding the absence of opposition from the government, the petitioner in

land registration cases is not relieved of the burden of proving the imperfect right or
title sought to be confirme

13 Steps/Requirements for registration of imperfect or incomplete titleoFor an

applicant to have his imperfect or incomplete title or claim to a land to be originally
registered under Act 496, the following requisites should all be satisfied:

1.Surveyof land by the Bureau ofLands or a duly licensed private surveyor;

2.Filing of applicationfor registration by the applicant;

3.Settingof the date for the initial hearingof the application by the Court;
4.Transmittal of the application and the date of initial hearingtogether with all the
documents or other evidences attached thereto by the Clerk of Court to the Land
Registration Commission;

5.Publication of a notice of the filing of the application and date and place of the
hearing in the Official Gazette;
6.Service of noticeupon contiguous owners, occupants and those known to have
interests in the property by the sheriff;

7.Filing of answerto the application by any person whether named in the notice or
not;

8.Hearingof the case by the Court;

9.Promulgation of judgmentby the Court

10.Issuance of the decreeby the Court declaring the decision final and instructing
the Land Registration Commission to issue a decree of confirmation and registration

;11.Entryof the decree of registration in the Land Registration Commission;

12.Sending of copyof the decree of registration to the corresponding Register of
Deeds, and

13.Transcriptionof the decree of registration in the registration bookand the issuance

of the owner's duplicateoriginal certificate of title to the applicant by the Register of
Deeds, upon payment of the prescribed feeso

The approval of Subdivision Plans must be with notice to all parties in interest, more
particularly the Director of Lands.oThe increased area in question, which is not a
registered land but formerly a river bed, is sobig as to give allowance for a mere
mistake in area of the original registration of the tracts of land of the defendant-
appellant formerly belonging to and registered in the name of their grandfather

[What are the rights of an alien (and his successor-in-interest) who acquired real properties in
the country as against his former Filipina girlfriend in whose sole name the properties were
registered under the Torrens system?]oAlien cannot not acquire alienable lands of the
public domain, but when it is placed in the name of a Filipino and then later on the
alien claims the property as he is the true buyer, such defect was already cured
when the title was registered in a Filipino‘s namewho is in possession of the
property.Strictly speaking, the purpose of the law was already served.o―The ban
on aliens is intended to preserve the nation‘s land for future generations of Filipinos,
that aim is achieved by making lawful the acquisition of real estate by aliens who
became Filipino citizens by naturalization or those transfers made by aliens to
Filipino citizens.As the property in dispute is already in the hands of a qualified
person, a Filipino citizen, there would be no more public policy to be protected. The
objective of the constitutional provision to keep our lands in Filipino hands has been
achieved.‖
for declaration of nullity vs. Action for reversion of title (difference in
allegation)1.Action for declaration of nullity–filed by a private person2.Action for
reversion of title –filed by the Office of the Solicitor General TheState, represented
by the Office of the Solicitor General, is the party-in-interest in an action for
cancellation of a certificate of title illegally issued inthe name of a private individual,
because the eventual effect of such cancellation is the reversion of the property to
the State.oThe difference between an action for declaration of nullity of land titles
from an action for reversion was more thoroughly discussed as follows [Heirs of
Ambrocio Kionisala v. Heirs of Honorio Dacut]

An ordinary civil action for declaration of nullityof free patents and certificates of title is not the
same as an action for reversion.The difference between them lies in the allegations as to the
character of ownership of the realty whose title is sought to be nullified.In an action for
reversion, the pertinent allegations in the complaint would admit State ownership of the disputed
land.Hence, in Gabila vs. Barriga[41 SCRA 131], where the plaintiff in his complaint admits that
he has no right to demand the cancellation or amendment of the defendant’s title because even
if the title were canceled or amended the ownership of the land embraced therein or of the
portion affected by the amendment would revert to the public domain, we ruled that the action
was for reversion and that the only person or entity entitled to relief would be the Director of
Lands.On the other hand, a cause of action for declaration of nullity of free patent and certificate
of title would require allegations of the plaintiff’s ownership of the contested lotprior to the
issuance of such free patent and certificate of title as well as the defendant’s fraud or mistake,
as the case may be, in successfully obtaining these documents of title over the parcel of land
claimed by plaintiff.In such a case, the nullity arises strictly not from the fraud or deceit but from
the fact that the land is beyond the jurisdiction of the Bureau of Lands to bestow and whatever
patent or certificate of title obtained therefore is consequently void ab initio.The real party-in-
interest is not the State but the plaintiff who alleges a pre-existing right of ownership over the
parcel of land in question even before the grant of title to the defendant...

Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within
private ownership are presumed to belong to the State. The presumption is that
lands of whatever classification belong to the State. Unless public land is shown to
have been reclassified as alienable or disposable to a private person bythe State, it
remains part of the inalienable public domain. oProperty of the public domain is
beyond the commerce of man and not susceptible of private appropriation and
acquisitive prescription. Occupation thereof in the concept of owner no matter how
long cannot ripen into ownership and be registered as a title.oNo public land can be
acquired by private persons without any grant from the government, whether
express or implied. It is indispensable that there be a showing of a title from the
State.oIndeed, the law speaks of "possession and occupation." Possession is
broader than occupation because it includes constructive possession. Unless,
therefore, the law adds the word "occupation," it seeks to delimit the all-
encompassing effect ofconstructive possession. Taken together with the words
"continuous," "exclusive" and "notorious," the word "occupation" seems to highlight
the facts that for an applicant to qualify, her possession of the property must not be
a mere fiction.

Two requisites for counting prescription:1.Classification as alienable/disposable

land2.Proclamation/Law that property is no longer for public service (conversion to
patrimonial property –may be acquired by private persons)

Power to classify is vested in the Executive branchPresident –upon

recommendation of the Secretary of Agriculture and Natural ResourcesDirector of
Forestry –for reclassifying forest land to agricultural land

GR: In case of conflict between the boundaries and the area, the boundaries shall
prevail.Reason:What defines a piece of titled property is not the numerical data
indicated as the area of the land, but the boundaries or "metes and bounds" of the
property specified in its technical description as enclosing it and showing its
limits.oEX:In case of conflicting boundaries, the area is important is determining the
rights of owners.

Res judicata applied to everyone, not only to defeated-oppositors in a land

registration case.o2 kinds:Res judicataThere is a final judgment Rendered by a
court with jurisdiction over the subject matter & the partiesJudgment based on the
meritsIdentity of parties, subject matter, issuesConclusiveness of
JudgmentIdentityDecision binding on the other caseoNoted by sir: Writ of
possession–ministerial duty of the court of there is a final decreeif occupants are
lawful possessors a case of ejectment has to be filedif occupants are not the
lawful occupants and the property is in the area or land writ of demolition goes with
the writ of possession

Cadastral proceedings cannot be reopened ifthe claimant failedto file an answer.

The decision of the cadastral court is subjectto res judicataand therefore
precludesparties from relitigating the same issues already litigated.

Act No. 2259 applies to cadastral proceedingsregarding the number of publication in

the OG(notP.D.No.1529). oThe claimant must comply with this requirement (twice
publication) even if it is only to amend his claim in the cadastral proceedings to
include additional land. A granted petition to reopen cadastral proceeding to include
additional land is void on the grounds of non compliance of publication.

Under B.P.129, title[in the absence of fraud]is vested upon the expiration of 15 days
upon receipt of decision and without appeal. This is only applicable to cadastral
cases.oAfter the lapse of said period, acquisitive prescription does not apply. Note,
however, that since there has been no issuance of title by the RD, said property is
still not under the Torrens system

Registered property cannot be the subject matter of cadastral proceedings.oThe

existence (and consequent favorable conclusion) of a 1 stproceeding serves as
constructive notice that property ad litemcan‘t be the subject matter of a
2ndproceeding. The owner of the land must file a motion to dismiss the 2 ndland
registration proceeding.

Cadastral courts have limited jurisdiction over lands already registered in ordinary
land registration cases.oTheir jurisdiction is limited to technical errorsin the
description of the land, provided:1.Limitedto the necessary corrections of technical
errors2.Corrections do not impair the substantial rights of registered
owners3.Cannot operate to deprive a registered owner of his titleoThe cadastral
court can rule on conflicting titles (double/several) and determine which one of the
several conflicting registered titles shall prevail.oWhat is prohibited is the registration
of land already issued in the name of another except if requested by the registered
owner himself.

Res judicataapplies to cadastral land registration cases. Issues that have been
litigated can‘t be relitigated anew and Court can declare land as part of the public
domain. oNote: The general rule is that the power to classify land solely belongs to
the executive branch.

Publication requirement: Where the identity and area of the claimedproperty are not
the subjectsof the amendments but other collateral matters, a new publication is not
needed.oWhere the amendment in petitioners‘ application neither altered the area
and identity of the subject lot nor added any territory, no new publication is
required.oNote: Due publication is required to give notice to all interested parties of
the claim and identity of the property that will be surveyed.Any additional territory or
change in the area of the claim cannot be included by amendment of the plan or
application without new publication, otherwise the cadastral court does not acquire
jurisdiction over the additional or amended claim
APPEAL; FRESH PERIOD RULE: When petitioners file a motion for
reconsideration, a fresh period of 15 days is counted from the notice of final order.
During the 15-day period, petitioners may file a notice of appeal. (The old rule
consisted of only 8 days)oRemember that the right to appeal isa statutory privilege
and may be exercise only in the manner and in accordance with the provisions of
law

Actual –intentional concealment or omission of a fact required by law to be stated in

the application or a willful statement of a claim against a truth, either of which is
calculated to deceive or deprive another of this legal rightsExtrinsic –acts done
outside of the court to deprive a party of his day in court, thereby preventing him
from asserting his right to the property registered in the name of the applicant

7 instances/examples of ACTUAL FRAUD; extrinsic fraud is present in cases where

a party

1.is deprived of his interest in land, because of a deliberate misrepresentation that

the lots are not contested when in fact they are;

2.applies for and obtains adjudication and registration in the name of a co-owner
ofland which he knows has not been allotted to himin the partition;

3.intentionally conceals facts and connives with the land inspector, so that the latter
would include in the survey plan the bed of a navigable stream;

4.deliberately makes a false statement that there are no other claims;

5.induces another not to opposean application;

6.deliberately fails to notify the partyentitled to notice; or

7.misrepresents the identity of the lot to the true owner, causing the latter to
withdraw his oppositionoFraud, in these cases, goes into and affects the jurisdiction
of the court; thus, a decision rendered on the basis of such fraud becomes subject to
annulment

Note: There is no extrinsic fraud where the failure of the a party to present its case
was caused by its own inaction, such as when it was not impleaded asa party to a
case because it failed to affect the timely registration of its Deed of Sale.The
alleged fraud in this case was perpetrated during the trial (forged instruments and
perjured testimoniesHad the party concerned timely and effectively registered the
deed, it would have been able to oppose the issuance of the new duplicate title,
rebut the registrant‘s testimony, and prove that he had already bought the same
A purchaser or mortgagee cannot close his eyes to facts which should put a
reasonable man on guardoA mortgagee cannot be considered an innocent
mortgagee for value when he fails to exercise the diligence required to determine
thevalidity of the mortgagor‘s title over the property under REM (Here, mortgagee
conducted an ocular inspection mainly to appraise the property –not to verify
ownership -and was therefore guilty of negligence.) The mortgage constituted
against the property shall not be respected.

This case illustrates the exception to the GR that a person has the right to rely on
the face of the title (ACTUAL KNOWLEDGE OF FACTS AND CIRCUMSTANCES).
oHere, the following circumstances showed actual knowledge:Lawyer verified with
the Register of Deeds –he should have come across the 2 copies of the TCTThe
deed contained an erroneous address of the seller. There is no way that the buyer
could have actually met with him.There was a lack of consistency in his
enumeration and recollection of buyer‘s alleged ―meeting‖ with sellerThe several
and varying addresses of the seller –should have alerted the buyer of questionability
of titleThere was a false certification that the property was not tenanted –buyer
should have permitted such falsehood to taint the instrument

A buyer may rely on the face of the title.EXCEPTIONS (next 5 cases, the 6 thin
general):

1.Land bought from a vendor who is not the registered owner

2.Buyer has full or actual knowledge of adverse possession equivalent to

registration

3.Title of vendoris based on a mereannotation on the certificate of a prior sale to him

bad faith

4.Notice of lis pendens

5.Buyer has full or actual knowledge of vendor’s defect in titlebad faith

6.Purchaser fails to make inquirieswhen facts or circumstances compel a

reasonable man to investigate