Definition

Grounds for the remedy

Requisites Period to be availed

Land Titles and Deeds UST 2013-2014 New Trial or Reconsideration Justice Relief from Judgment; Relief Oswald Agcaoili from d enial of appeal Reviewer by: Paolo Ollero Within the period for taking an When a judgment or final order appeal, the aggrieved party may was caused by an accident, mistake, move the trial court to set aside the or excusable negligence, the judgment or final order and grant a aggrieved party may file a petition new trial for one or more of the to set aside the judgment, order or causes materially affecting the proceeding. On the other hand, if substantial right of the party the appeal is prevented, he may file a petition that the appeal may be given due course a. Fraud (extrinsic), accident, Judgment: mistake, or excusable a. Accident, mistake, or negligence which ordinary excusable negligence prudence could not have Denial of appeal: guarded against by reason of a. Fraud, accident, mistake, or which such aggrieved party has excusable negligence probably been impaired in his rights b. Newly discovered evidence which was not present during the trial c. Excessive damage awards d. Evidence is insufficient to justify the decision e. Decision is contrary to law $3R.41 = 15 days from notice of the $1/2R.38 = 60 days after the judgment or final order; if appeal petitioner learns of the judgment, on record = 30 days from notice of final order, or other proceeding

Appeal May be taken from a judgment or final order that completely disposes of the case or of a particular matter 1. Ordinary appeal 2. Petition for review 3. Appeal by certiorari

15 days from notice of the judgment or final order; if appeal on record = 30 days from notice of

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero judgment or final order Formalities and not more than 6 months after such judgment has been entered judgment or final order A partys appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. Appeal by record = upon approval of the record on appeal filed in due time

Effects Definition

Shall be in writing and shall be served by the adverse party accompanied by 2 affidavits (first alleges the ground, second is to set forth the facts). Compromise agreement cannot be the subject for appeal unless fraud is present Shall interrupt the period of appeal once perfected. Shall deny a petition for relief from judgment Review of Decree of Registration Agcaoili (Elad Philippines v. Garcia): The courts may reopen proceedings already closed by final decision or decree when an application for review is filed by the party aggrieved within 1 year from the issuance of the decree of registration

Grounds for the remedy

a. Extrinsic fraud (there must be an actual fraud)

Purchaser in Good Faith An innocent purchaser for value is one who buys the property of another without notice that some other person has a right to or interest in it, and who pays a full and fair price at the time of the purchase or before receiving any notice of another persons claim. Also includes an innocent lessee, mortgagee, or other encumbrancer for value caveat emptor purchasing real property in actual possession of others should make some inquiry concerning the rights of those in possession

Reconveyance A legal and equitable remedy 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 provided that the land has not been passed to an innocent purchaser for value Action in personam

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero prior est temporae, prior est in jura he who is first in time is preferred in right (better right) nemo dat quod non habet no one can give what one does not have primus tempore, portior jure first in time, stronger in right Petitioner must have an estate or interest in the land There is actual fraud in the procurement of the decree of registration Filed within 1 year from the issuance of the decree by the LRA Property has not been passed to an innocent purchaser for value

Requisites

1. 2. 3. 4.

Period to be As long as the final decree has not availed been entered and the period of 1 year has not elapsed from the date of entry

1. The action must be brought in the name of a person claiming ownership or dominical right over the land registered in the name of the defendant 2. Registration of the land in the name of the defendant was procured through fraud or other illegal means 3. Property has not yet passed to an innocent purchaser for value 4. Action is filed after the certificate of title has already become final and incontrovertible Fraud 4 years from discovery of alleged fraud Implied trust 10 years from the issuance of the original certificate of title Void contract imprescriptible Plaintiff in possession

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero imprescriptible Public land patent - imprescriptible Rule on double sale of property: Notice of lis pendens will avoid Art 1544 of NCC (will not apply if transfer to an innocent 3rd person under the Torrens system) for value and preserve the claim of the real owner. Filed to RTC since the action is incapable of pecuniary estimation. Party seeking this remedy should establish not only preponderance of evidence but by clear and convincing evidence that the land sought to be reconveyed is his (quantum of proof) Every person dealing with It does not seek to set aside the registered land may rely on the decree but, respecting it as correctness of the certificate of incontrovertible and no longer title but if the seller is not the open to review, seeks to transfer or registered owner, the buyer should reconvey the land from the examine every factual registered owner to the rightful circumstance to determine any owner flaws in the title. A purchaser cannot close his eyes to facts which May be barred by: should put a reasonable man upon 1. Laches his guard. The law must protect 2. Res judicata and prefer the lawful holder of registered title over the transferee of a vendor bereft of any transmissible right

Formalities

Effect

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero Definition Quieting of title A remedy for the removal of any cloud, doubt, or uncertainty affecting title to real property. Action in rem Trusts A legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property, the equitable owership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter 1. Express 2. Implied a. Resulting b. Constructive Action for Damages When a property was passed to an innocent purchaser for value, an action for reconveyance must be denied. Although he can file an action for damages against the persons responsible for depriving him of his right or interest in the party

Grounds for the remedy

1. A person whose purchase of land is evidenced only by a private instrument 2. Although title has been transferred and petitioners refused to accept the tender of payment 3. When one is disturbed in any form in his rights over an immovable by unfound claims of others No prescription

Requisites Period to be availed

Prescriptive period for the action to reconvey the title to real property arising from an implied

Must be directed and not by collateral proceeding Should be brought within 10 years from the date of the issuance of the questioned certificate of title

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero or constructive trust is 10 years, counted from the date of the issuance of the certificate of title over the real property Trustees cannot acquire by prescription ownership over the property unless he repudiates the trust (unless constructive implied trusts) Cancellation of Title

Formalities

Effect Definition

To remove the cloud Action for Reversion Seeks to restore public land fraudulently awarded and disposed of to private individuals or corporations to the mass of public domain Rooted in the Regalian Doctrine 1. In all cases where lands of public domain and the improvements thereon and all lands are held in violation of the Constitution 2. Cases of fraudulent or unlawful inclusion of land in patents or certificates of title 3. To cancel titles that are void for reasons other than fraud (violation by the grantee of a

Grounds for the remedy

Recover from the Assurance Fund It is initiated by a private property Intended to relieve innocent usually in a case where there are 2 persons from the harshness of the titles issued to different persons doctrine that a certificate is for the same lot conclusive evidence of an indefeasible title to land Where 2 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, and in case of successive registration where more than once 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

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero patent of the conditions imposed by law) 4. Alienation of land acquired under free patent or homestead provisions 5. Conveyances made by non- Christians 6. Alienation of lands acquired under CA No 141 in favor of persons not qualified under it Requisites The government, although it may have no propriety interest in the property, is also vested with personality to protect public interest, preserve the integrity of the Torrens System, and safeguard the Assurance Fund

Any person who sustains loss or damage under the following conditions: 1. No negligence on his part 2. Loss or damage sustained was through any omission, mistake or malfeasance of the court personnel, or the RoD, his deputy, or other employees of the Registry in the performance of their respective duties Any person who has been deprived of any land or interest therein under the following conditions: 1. No negligence on his part 2. He was deprived as a consequence of the bringing of his land or interest

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero therein 3. He is barred from any action of recovery Period to be availed The government is not estopped by the error or mistake or its agent, nor barred by prescription EXCEPTION: It is only fair and reasonable to apply the equitable principle of estoppel by laches against the government to avoid an injustice to innocent purchaser for value Formalities Instituted by the government, through the Solicitor General Effect The objective is the cancellation of When one of the 2 titles is held to the certificate of title and the be superior over the other, one resulting reversion of the land should be declared null and void covered by the title to the State and ordered cancelled Annulment of judgment or final orders and Criminal prosecution resolutions Definition Annulment by the CA of judgments or final orders of The State may criminally prosecute for perjury the the RTC for which ordinary remedies of new trial, party who obtains registration through fraud, such as appeal, petition for relief or other appropriate by stating false assertions in the application for remedies are no longer available through no fault of registration, sworn answer required of applicants in the petitioner cadastral proceedings, or application for public land patent. Proceeding in personam

Land Titles and Deeds UST 2013-2014 Justice Oswald Agcaoili Reviewer by: Paolo Ollero Grounds for the remedy Requisites Period to be availed Formalities 1. Extrinsic fraud 2. Lack of jurisdiction (another remedy: writ of certiorari under rule 65) 3. Denial of due process Extrinsic fraud 4 years Jurisdiction before it is barred by laches or estoppel It is an extraordinary remedy and is not to be granted indiscriminately by the court. It is allowed only in exceptional cases and cannot be used by a losing party to make a mockery of a duly promulgated decision long final and executory Questioned judgment is set aside and render it null and void. But if it is based on 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

Effect