Beruflich Dokumente
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Section 97. Judgment, how satisfied. If there The court may order the Register of Deeds to
are defendants other than the National amend or cancel a certificate of title or to do any
Treasurer and the Register of Deeds and other act as may be just and equitable.
judgment is entered for the plaintiff and against
the National Treasury, the Register of Deeds Section 101. Losses not recoverable. The
and any of the other defendants, execution shall Assurance Fund shall not be liable for any loss,
first issue against such defendants other than damage or deprivation caused or occasioned by
the National and the Register of Deeds. If the a breach of trust, whether express, implied or
execution is returned unsatisfied in whole or in constructive or by any mistake in the
part, and the officer returning the same resurveyed or subdivision of registered land
certificates that the amount due cannot be resulting in the expansion of area in the
collected from the land or personal property of certificate of title.
such other defendants, only then shall the court,
upon proper showing, order the amount of the
execution and costs, or so much thereof as
Section 102. Limitation of Action. Any action
remains unpaid, to be paid by the National
for compensation against the Assurance Fund by
treasurer out of the Assurance Fund. In an
reason of any loss, damage or deprivation of
action under this Decree, the plaintiff cannot
land or any interest therein shall be instituted
recover as compensation more than the fair
within a period of six years from the time the
market value of the land at the time he suffered
right to bring such action first occurred:
the loss, damage, or deprivation thereof.
Provided, That the right of action herein
Section 98. General Fund when liable. If at any provided shall survive to the legal
time the Assurance Fund is not sufficient to representative of the person sustaining loss or
satisfy such judgment, the National Treasurer damage, unless barred in his lifetime; and
shall make up for the deficiency from any funds Provided, further, That if at the time such right
available in the treasury not otherwise of action first accrued the person entitled to
appropriated. bring such action was a minor or insane or
imprisoned, or otherwise under legal disability,
Section 99. Subrogation of government to such person or anyone claiming from, by or
plaintiff's rights. In every case where payment under him may bring the proper action at any
has been made by the National Treasurer in time within two years after such disability has
accordance with the provisions of this Decree, been removed, notwithstanding the expiration
the Government of the Republic of the of the original period of six years first above
Philippines shall be subrogated to the rights of provided.
the plaintiff against any other parties or
securities. The National Treasurer shall enforce CIRCULAR NO. 1-91 February 27, 1991
TO: COURT OF APPEALS, the Supreme Court as provided in Rule 45 of the
COURT OF TAX APPEALS, THE Rules of Court.
SOLICITOR GENERAL, THE
GOVERNMENT CORPORATE 4. Period of Appeal. The appeal shall be taken
COUNSEL, ALL MEMBERS OF within fifteen (15) days from notice of the
THE GOVERNMENT ruling, award, order, decision, or judgment or
PROSECUTION SERVICE, AND from the date of its last publication, if
ALL MEMBERS OF THE publication is required by law for its effectivity.
INTEGRATED BAR OF THE One (1) motion for reconsideration of said
PHILIPPINES ruling, award, order, decision, or judgment may
be allowed. If the motion is denied, the movant
SUBJECT: PRESCRIBING THE RULES may appeal during the remaining period for
GOVERNING APPEALS TO THE COURT OF appeal reckoned from notice of the resolution of
APPEALS FROM A FINAL ORDER OR DECISION denial.
OF THE COURT OF TAX APPEALS AND QUASI-
JUDICIAL AGENCIES. 5. How Appeal Taken. Appeal shall be taken
by filing a verified petition for review in six (6)
legible copies, with the Court of Appeals, a copy
1. Scope. These rules shall apply to appeals of which shall be served on the adverse party
from final orders or decision of the Court of Tax and on the court or agency a quo. Proof of
Appeals. They shall also apply from final orders service of the petition on the adverse party and
or decisions on any quasi-judicial agency from on the court or agency a quo shall be attached
which an appeal is now allowed by statute to the to the petition.
Court of Appeals or the Supreme Court. Among
these agencies are the Securities and Exchange
6. Contents of the Petition. The petition for
Commission, Land Registration Authority, Social
review shall contain a concise statement of the
Security Commission, Civil Aeronautics Board,
facts and issues involved and the grounds relied
Bureau of Patents, Trademarks and Technology
upon for the review, and shall be accompanied
Transfer, National Electrification Administration,
by a duplicate original or a certified true copy of
Energy Regulatory Board, National
the ruling, award, order, decision or judgment
Telecommunications Commission, Secretary of
appealed from, together with certified true
Agrarian Reforms and Special Agrarian Courts
copies of such material portions of the record as
under RA 6657, Government Service Insurance
are referred to therein and other supporting
System, Employees Compensation Commission,
papers. The petition shall state the specific
Agricultural Inventions Board, Insurance
material dates showing that it was filed within
Commission and Philippine Atomic Energy
the period fixed herein.
Commission.
12. Effect of Appeal. The appeal shall not stay SUPREME COURT CIRCULARS AND ORDERS
the order, ruling or decision sought to be
reviewed unless the Court of Appeals shall direct
TO: ALL JUDGES OF THE REGIONAL TRIAL
otherwise upon such terms as it may deem just.
COURTS, COURT OF TAX APPEALS,
METROPOLITAN TRIAL COURTS,
13. Submission for decision. The case shall be MUNICIPAL TRIAL COURTS, AND
deemed submitted for decision upon the filing of MUNICIPAL CIRCUIT TRIAL COURTS
the answer or expiration of the period to do so,
unless the Court of Appeals sets the case for oral
SUBJECT: SESSION HOURS OF COURTS
argument, or requires the parties to submit
memoranda.
19. Period of Appeal.
14. Rules 43 and 44 of the Rules of Court are
hereby repealed and superseded by this (a) All appeals, except in habeas corpus cases
Circular. and in the cases referred to in paragraph (b)
hereof, must be taken within fifteen (15) days preceding section shall be supported by
from notice of judgment, order, resolution or affidavits of merits which may be rebutted by
award appealed from. affidavits. A motion for the cause mentioned in
paragraph (b) shall be supported by affidavits of
(b) In appeals in special proceedings in the witnesses by whom such evidence is
expected to be given, or by duly authenticated
accordance with Rule 109 of the Rules of
documents which are proposed to be introduced
Court and other cases wherein multiple
in evidence.
appeals are allowed, the period of appeal
shall be thirty (30) days, a record of appeal
A motion for reconsideration shall point out a
being required specifically the findings or conclusions of the
judgment or final order which are not supported
2. Rules 37 and 38, 1997 Rules of Civil by the evidence or which are contrary to law
Procedure making express reference to the testimonial or
documentary evidence or to the provisions of
RULE 37 law alleged to be contrary to such findings or
New Trial or Reconsiderations conclusions.
Section 1.Grounds of and period for filing A pro forma motion for new trial or
motion for new trial or reconsideration. reconsideration shall not toll the
Within the period for taking an appeal, the reglementary period of appeal. (2a)
aggrieved party may move the trial court to set
aside the judgment or final order and grant a Section 3.Action upon motion for new trial
new trial for one or more of the following causes
or reconsideration. The trial court may
materially affecting the substantial rights of said
party: set aside the judgment or final order and
grant a new trial, upon such terms as may
(a) Fraud, accident, mistake or be just, or may deny the motion. If the court
excusable negligence which ordinary finds that excessive damages have been
prudence could not have guarded awarded or that the judgment or final order
against and by reason of which such is contrary to the evidence or law, it may
aggrieved party has probably been amend such judgment or final order
impaired in his rights; or
accordingly. (3a)
Within the same period, the aggrieved party Section 5.Second motion for new trial. A
may also move for reconsideration upon the motion for new trial shall include all grounds
grounds that the damages awarded are then available and those not so included shall be
excessive, that the evidence is insufficient to deemed waived. A second motion for new trial,
justify the decision or final order, or that the based on a ground not existing nor available
decision or final order is contrary to law. (1a) when the first motion was made, may be filed
within the time herein provided excluding the
time during which the first motion had been
Section 2.Contents of motion for new trial or
pending.
reconsideration and notice thereof. The
motion shall be made in writing stating the
ground or grounds therefor, a written notice of No party shall be allowed a second motion
which shall be served by the movant on the for reconsideration of a judgment or final
adverse party. order (4a, 4, IRG)
A motion for new trial shall be proved in the Section 6.Effect of granting of motion for
manner provided for proof of motion. A motion new trial. If a new trial is granted in
for the cause mentioned in paragraph (a) of the accordance with the provisions of this Rules
the original judgment or final order shall be Section 3.Time for filing petition; contents
vacated, and the action shall stand for and verification. A petition provided for in
trial de novo; but the recorded evidence either of the preceding sections of this Rule
taken upon the former trial, insofar as the must be verified, filed within sixty (60) days
same is material and competent to establish after the petitioner learns of the judgment,
the issues, shall be used at the new trial final order, or other proceeding to be set
without retaking the same. (5a) aside, and not more than six (6) months
after such judgment or final order was
Section 7.Partial new trial or entered, or such proceeding was taken, and
reconsideration. If the grounds for a must be accompanied with affidavits
motion under this Rule appear to the court showing the fraud, accident, mistake, or
to affect the issues as to only a part, or less excusable negligence relied upon, and the
than an of the matter in controversy, or only facts constituting the petitioner's good and
one, or less than all, of the parties to it, the substantial cause of action or defense, as
court may order a new trial or grant the case may be. (3)
reconsideration as to such issues if
severable without interfering with the Section 4.Order to file an answer. If the
judgment or final order upon the rest. (6a) petition is sufficient in form and substance
to justify relief, the court in which it is filed,
Section 8.Effect of order for partial new shall issue an order requiring the adverse
trial. When less than all of the issues are parties to answer the same within fifteen
ordered retried, the court may either enter (15) days from the receipt thereof. The
a judgment or final order as to the rest, or order shall be served in such manner as the
stay the enforcement of such judgment or court may direct, together with copies of the
final order until after the new trial. (7a) petition and the accompanying affidavits.
(4a)
Section 9.Remedy against order denying a
motion for new trial or reconsideration. Section 5.Preliminary injunction pending
An order denying a motion for new trial or proceedings. The court in which the
reconsideration is not appealed, the remedy petition is filed may grant such preliminary
being an appeal from the judgment or final injunction as may be necessary for the
order. preservation of the rights of the parties,
upon the filing by the petitioner of a bond in
Section 1.Petition for relief from
favor of the adverse party, conditioned that
judgment, order, or other proceedings.
if the petition is dismissed or the petitioner
When a judgment or final order is entered,
fails on the trial of the case upon its merits,
or any other proceeding is thereafter taken
he will pay the adverse party all damages
against a party in any court through fraud,
and costs that may be awarded to him by
accident, mistake, or excusable negligence,
reason of the issuance of such injunction or
he may file a petition in such court and in
the other proceedings following the petition,
the same case praying that the judgment,
but such injunction shall not operate to
order or proceeding be set aside. (2a)
discharge or extinguish any lien which the
adverse party may have acquired upon, the
Section 2.Petition for relief from denial of
property, of the petitioner. (5a)
appeal. When a judgment or final order is
rendered by any court in a case, and a party
thereto, by fraud, accident, mistake, or Section 6.Proceedings after answer is filed.
After the filing of the answer or the expiration of
excusable negligence, has been prevented
the period therefor, the court shall hear the
from taking an appeal, he may file a petition petition and if after such hearing, it finds that
in such court and in the same case praying the allegations thereof are not true, the petition
that the appeal be given due course. (1a) shall be dismissed; but if it finds said allegations
to be true, it shall set aside the judgment or final
order or other proceeding complained of upon
such terms as may be just. Thereafter the case
shall stand as if such judgment, final order or
other proceeding had never been rendered,
issued or taken. The court shall then proceed to
hear and determine the case as if a timely
motion for a new trial or reconsideration had
been granted by it. (6a)
CHAPTER 2
EXPRESS TRUSTS
Art. 1444. No particular words are required
for the creation of an express trust, it being
sufficient that a trust is clearly intended.