Beruflich Dokumente
Kultur Dokumente
Appeal
Must be brought 15 days from notice of judgment.
ii.
iii.
iv.
v.
vi.
if the property has passed unto the hands of an innocent purchaser for
value. (Ching vs CA 181 SCRA 9)
vii.
viii. Reversion
If based on extrinsic fraud, the action must be filed within four
(4) years from its discovery; and if based on lack of jurisdiction,
before it is barred by laches or estoppel.
2.
ix.
x.
Annulment of Judgment
If based on extrinsic fraud, the action must be filed within four
(4) years from its discovery; and if based on lack of jurisdiction,
before it is barred by laches or estoppel.
xi.
Quieting of title
An accion reivindicatoria may be availed of within 10 years from
dispossession.
xii.
Criminal Action
Art. 313 of the Revised Penal Code prescribes in two months.
No, it does not constitute extrinsic fraud.
appear that they were aware of the fact. In these circumstances they can
hardly be considered innocent purchasers in good faith. It is further to be
observed at that time, the petitioner could have acquired no interest valid as
against third parties until their title thereto had been duly entered in the
Torrens register in the office of the register of deeds; section 59 of the Land
of Registration Act provides that "the act of registration shall be the
operative act to convey and affect the land."
Persons, who acquire their interest in the land after the registration of
the same has been ordered, but before the entry of final decree, are not
innocent purchasers for value within the meaning of section 38 of the Land
Registration Act.
Therefore, it follows that the lower court did not exceed its jurisdiction
in taking cognizance of the petition for review and in reopening the case.
6.
The fraud needed to justify the review of decree of registration is
extrinsic or collateral fraud
In the case of Roxas v. CA (G.R. no 118436 March 21, 1997.) The
Supreme Court held that, for fraud to justify a review of a decree, it must be
extrinsic or collateral, and the facts upon which it is based have not been
controverted or resolved in the case where the judgment sought to be
annulled was rendered. 26 Persons who were fraudulently deprived of their
opportunity to be heard in the original registration case are entitled to a
review of a decree of registration.
7.
No. In the case of Libudan v.Palma Gil (G.R. No. L-21163 May 17,
1972).The following averments do not constitute extrinsic fraud.
(a) That the applicant surreptitiously procured its survey in his own
name;
(b) That at the trial, the applicant and his successor-in-interest
submitted a fabricated new tax declaration showing a greater area and
improvement than that shown in the original tax declaration;
(c) That neither the applicant nor his alleged successors-in-interest
have ever been in actual possession of the property in question since time in
memorial;
(d) That the substituted applicants presented themselves as the true
heirs of the applicant when in fact they are not.
(e) That at the trial, the applicant presented forged document or false
or perjured testimony all these do not constitute valid grounds for the
reopening of the decree as they go into the merits of the case.
In the same case the Supreme Court reiterated the the distinction of
extrinsic and intrinsic fraud. Extrinsic or collateral fraud, as distinguished
from intrinsic fraud, connotes any fraudulent scheme executed by a
prevailing litigant "outside the trial of a case against the defeated party, or
his agents, attorneys or witnesses, whereby said defeated party is prevented
from presenting fully and fairly his side of the case." But intrinsic fraud takes
the form of "acts of a party in a litigation during the trial, such as the use of
forged instruments or perjured testimony, which did not affect the
presentation of the case, but did prevent a fair and just determination of the
case."
The enumerated averments are acts of applicants in litigation during
the trial, they used fabricated instruments and perjured testimony, which did
not affect the presentation of the case, but did not prevent a fair and just
determination of the case.
Applying these principles, it is understood that said misrepresentations
are actually intrinsic frauds and not extrinsic frauds.
Nos. 8, 9 & 10
a. False
b. False
c. True
d. True
e. False
f. False
g. True
h. False
i. True
j.
True