Remedy Who What When Where How

New Trial To set aside or vacate the Within the period for taking Motion for new trial shall be
judgment the appeal or within 15 accompanied by the affidavits
days from the notice of setting forth, the following:
judgment 1. Circumstances
alleged to
constitute FAME
2. Particular facts
claimed to
constitute the
movant’s
meritorious cause
of action or defense
Appeal Adverse party Appeal from judgment on 15 days from receipt of CA or Supreme Court Period of appeal shall be
land registration cases notice of judgment interrupted by a timely filing of
motion for new trial or
reconsideration. It means that
if the motion for new trial of
reconsideration is denied, the
party is given a fresh period
of 15 days (Fresh Period
Rule)
Relief From Judgment Petitioner of the judgment When the judgment has 60 days after the petitioner He may file a petition in such
become final and the party learns of the judgment and court and in the same case
was prevented from taking not more than 6 months praying that the judgment be
an appeal through FAME. after such judgment was set aside or appeal be given
entered. Thus, the date of due course.
the finality of the judgment
is the date of ENTRY. The petition must be verified
and accompanied by
affidavits:
1. Circumstances
alleged to
constitute FAME
2. Particular facts
claimed to
constitute the
movant’s
meritorious cause
of action or defense

A party who has filed a timely

motion for new trial cannot file
a petition for relief after his
motion has been denied. His
remedy is to appeal from the
 judgment and question the
denial.
Review Of Decree Of Innocent purchaser for Available only where there Must be filed within 1 year Court of First Instance / Essential elements for the
Registration value, innocent lessee, is an attendance of actual from the entry of Regional Trial Court allowance of the reopening or
mortgagee or other or extrinsic fraud registration. review of a decree are:
encumbrancer for value 1. petitioner has a real
and dominical right
2. that he has been
deprived thereof
3. through fraud
4. petition is filed
within one year
from the issuance
of the decree
5. property has not as
yet been
transferred to an
innocent purchaser

Once filed within one year

Action For Reconveyance Person whose property Legal and equitable
was wrongfully registered remedy granted to the
under the Torrens System rightful owner of land which
in the name of another has been wrongfully or
person erroneously registered in
the name of another for the
purpose of compelling the
latter to transfer or recover
the land to him.
May be availed of after 1
year from the issuance of
the decree
Municipal or City Court has
the jurisdiction.
Outside of Metro Manila,
the action shall be filed in
RTC if the assessed value
exceeds P20,000.
In Metro Manila, RTC has
jurisdiction if the assessed
value exceeds P50,000.
from the entry of the decree
of registration by the LRA, the
court may reopen or review
the proceedings although it is
already closed by decision
that became final. However,
the petition to review the
proceedings may be filed at
any time AFTER the rendition
of the court’s decision and
BEFORE the expiration of
one year from the entry of the
final decree of registration.
Person who charges fraud
must prove it
 Imputations of fraud
must be proved by
clear and
convincing
evidence
and action for reconveyance
can be availed of by the
person whose property was
wrongfully registered under
the Torrens System in the
name of another person
Action For Damages Person who can no longer
avail Action for
Reconveyance
Action For Reversion Only the State can institute
reversion proceedings.
OSG or the officer acting in
his stead
Cancellation Of Title Initiated by private person
Recovery From The Person deprived of land or
Assurance Fund any estate or interest in
consequence of the
bringing of the land under
the operation of the
Torrens system or arising
after the original
registration of the land
Party defendant: action
shall be brought against
the Register of Deeds of
the province or city where
the land is situated and the
National Treasurer as
defendants
May be filed within 10 If the action for reconveyance
years from the date of the is not feasible because the
issuance of the title property has passed onto the
hands of an innocent
purchaser for value, the
remedy is action for damages
against the person who
caused the wrong.
Restoration of public land If the purpose of the
fraudulently awarded or complaint is to cancel the
disposed of, to the mass of certificate of title derived from
the public domain and may patent, the action is a
again be the subject of reversion suit because the
disposition to qualified effect of cancellation is
applicants. reversion of the land back to
the state and not to any
private person.
Initiated by private person Two titles issued to The claim for cancellation of
usually in a case where different persons for the OCT on the portion of land on
there are two titles issued same lot. the ground of acquisitive
to different persons for the prescription must be
same lot supported by substantial
evidence, otherwise the
presumption of regularity on
the issuance of the
Emancipation Patent and the
corresponding OCT will
prevail.
Requisites: If there are defendants other
1. Person deprived than the National Treasurer
of land/estate and Register of Deeds,
2. Through fraud, execution shall first issue
error, omission, against such defendants
mistake or other than them.
miscalculation in
any certificate of If the execution is returned
title or in any unsatisfied, the officer
entry in a returning the same certifies
registration book that the amount due cannot
3. Without be collected from the land or
negligence on personal property of such
the part of the other defendants, only then
person deprived the court will order the
of the land National Treasury to pay out
4. Barred or of the Assurance Fund. The
precluded from moment the government of
 bringing action
for the recovery
of such land
Annulment Of Judgments Person was prevented CA may annul judgments
Or Final Orders And from protecting his title or final orders and
Resolutions because the plaintiff and resolutions of the RTC in
the trial court failed to civil action for which the
implead him as a party ordinary remedies of new
trial, appeal, petition for
relief or other appropriate
remedies are no longer
available through no fault of
the petitioner.
Criminal Prosecution Party-pleader
Action will prescribe in 4
years from the discovery of
the extrinsic fraud and
before it is barred by
latches or estoppels if it is
based on lack of
jurisdiction.
the PH makes a payment, it
will be subrogated to the
rights of the plaintiff against
any other parties.
CA Lack of judgment will set
aside the questioned
judgment and render the
same null and void without
prejudice to the original action
being refilled in the proper
court.