UNIVERSITY OF NEGROS OCCIDENTAL-RECOLETOS

SCHOOL OF LAW
unorlawschl@gmail.com

CHAPTER 5
LAND TITLES AND DEEDS
(REMEDIES AVAILABLE TO AGGRIEVED
PARTIES IN LAND REGISTRATION CASES)
 9 REMEDIES
NEW TRIAL NATURE (RULE 37 OF RULES OF
COURT)
MOTION FOR A new trial is described as a new
RECONSIDERATION invention to temper the severity of
judgment or prevent a failure of
ORDINARY APPEAL justice.

RELIEF FROM JUDGMENT PERIOD TO FILE

Should be filed within 15 days
REVIEW OF DECREE OF from the date of the receipt of
REGISTRATION Notice of Judgment (Decision),
otherwise, the judgment becomes
RECONVEYANCE final and executory.
ACTION TO QUIET TITLE
GROUND FOR NEW TRIAL (RULE 37,
DAMAGES SEC. 1, SUB PAR. (A) AND (B)
- a) Fraud, Accident, Mistake, and
CLAIM FOR ASSURANCE Excusable Negligence (FAME)
FUND - b) Newly discovered evidence
 EFFECTS OF PRO-FORMA MOTION
NEW TRIAL
A Pro-Forma for new trial or
reconsideration does not toll the
MOTION FOR reglementary period to appeal and
RECONSIDERATION the judgment or order becomes final
and executory. (Marina Properties
ORDINARY APPEAL Corporation vs. CA, 29 SCRA 273,
1998)
A motion for reconsideration which
RELIEF FROM JUDGMENT is pro-forma does not stay the period
for taking an appeal. (Marikina
REVIEW OF DECREE OF Valley Development Corporation vs.
REGISTRATION Flojo, 251 SCRA 87, 1995)

ACTION MAY BE TAKEN BY THE COURT

RECONVEYANCE (SECTION 3, RULE 37)
1. Set aside the Judgment or Final
ACTION TO QUIET TITLE Order and Grant a New Trial (Trial
de Novo)
DAMAGES 2. Deny the Motion
3. Amend the judgment, if the court
CLAIM FOR ASSURANCE finds that excessive damages have
FUND been awarded or it is contrary to law
or evidence.
NEW TRIAL
PROCEDURES AND FORMS
MOTION FOR 1. File a Motion for New Trial stating
RECONSIDERATION the ground or grounds.
2. Notice shall be served by the
ORDINARY APPEAL movant to the adverse party.
3. Affidavit or Affidavits of Merit
RELIEF FROM JUDGMENT shall be attached for FAME (Rule
37, Section 2)
4. Affidavit of Witnesses or
REVIEW OF DECREE OF
Authenticated Documents which
REGISTRATION
are proposed to be introduced for
Newly Discovered Evidence (Rule
RECONVEYANCE 37, Section 2)

ACTION TO QUIET TITLE EFFECT OF NON-COMPLIANCE WITH

SECTION 37
DAMAGES The Motion for New Trial or
Reconsideration shall be considered
as PRO-FORMA.
CLAIM FOR ASSURANCE
FUND
NEW TRIAL WHAT IS THE MEANING OF PRO-FORMA?
Pro-forma, literally means a matter of
MOTION FOR form. It is a Motion for New Trial or
RECONSIDERATION Reconsideration which does not
comply with the Requirements of
Rule 37.
ORDINARY APPEAL
Flojas v. Gozo-Dadole, 192 SCRA 575, 1990
When the motion does not show
RELIEF FROM JUDGMENT
proof of service upon the adverse
party and contains no notice of
REVIEW OF DECREE OF hearing.
REGISTRATION
Dapin V. Dionaldo, 209 SCRA 32, 1992
RECONVEYANCE When the Motion for New Trial based
on fraud, accident, mistake, or
ACTION TO QUIET TITLE excusable negligence is not supported
by affidavit of merit or the motion for
new trial in based on newly
DAMAGES
discovered evidence is not supported
by affidavits or authenticated
CLAIM FOR ASSURANCE documents which would qualify said
FUND evidence as newly discovered.
NEW TRIAL

MOTION FOR
RECONSIDERATION PERIOD FOR THE COURT TO RESOLVE
THE MOTION
Section 4, Rule 37- A motion for
ORDINARY APPEAL
new trial or reconsideration shall be
resolved within thirty (30) days
RELIEF FROM JUDGMENT from the time it is submitted for
resolution.
REVIEW OF DECREE OF
REGISTRATION REMEDY AGAINST DENIAL OF MOTION
Section 9, Rule 37- An order
RECONVEYANCE denying a motion for new trial or
reconsideration is not appealable,
the remedy being an appeal from
ACTION TO QUIET TITLE
the judgment or final order.
(Remedy No. 4)
DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL

MOTION FOR MEANING OF TRIAL DE NOVO

RECONSIDERATION Trial de Novo means trial anew or
the second time.

ORDINARY APPEAL When a new trial is granted, the

original judgment is vacated and the
RELIEF FROM JUDGMENT action stands for trial de novo and
case is reverted back to its status
REVIEW OF DECREE OF prior to the promulgation of the
REGISTRATION judgment. (NC v. CA, 218 SCRA 41,
1991)

RECONVEYANCE The recorded evidence taken upon

the former trial, in so far as the
ACTION TO QUIET TITLE same is material and competent to
establish the issues, shall be used at
DAMAGES a new trial without retaking the
same. (Section 6, Rule 37)
CLAIM FOR ASSURANCE
FUND
NEW TRIAL

NATURE OF MOTION FOR

MOTION FOR
RECONSIDERATION
RECONSIDERATION
A motion for reconsideration or
motion to reconsider is a legal filing
ORDINARY APPEAL which someone can make to ask a
court to review a decision and
RELIEF FROM JUDGMENT consider issuing a new decision on
light of the review.
REVIEW OF DECREE OF
REGISTRATION GROUNDS FOR MOTION FOR
RECONSIDERATION
1. Damages awarded are excessive.
RECONVEYANCE 2. Evidence is insufficient to justify
the decision of final order.
ACTION TO QUIET TITLE 3. Decision is contrary to law.

DAMAGES PROCEDURES AND EFFECTS

Same as in New Trial (Rule 37)
CLAIM FOR ASSURANCE
FUND
NEW TRIAL

MOTION FOR NATURE OF APPEAL (RULE 41 OF RULES

RECONSIDERATION OF COURT)
Appeal means an elevation by an
ORDINARY APPEAL aggrieved party of any decision or
award of a lower body to higher
body by means of a pleading which
RELIEF FROM JUDGMENT
includes the assignment errors,
arguments in support thereof and
REVIEW OF DECREE OF the reliefs prayed for. (Aba v. NLRC,
REGISTRATION 311 SCRA 424, 1999)

RECONVEYANCE MODES OF APPEAL (SECTION 2, RULE 41)

1. Ordinary Appeal.
2. Petition for Review in accordance
ACTION TO QUIET TITLE
with Rule 42.
3. Appeal by Certiorari in accordance
DAMAGES with Rule 45.

CLAIM FOR ASSURANCE

FUND
NEW TRIAL

MOTION FOR
RECONSIDERATION
PERIOD OF ORDINARY APPEAL
(SECTION3, RULE 41)
ORDINARY APPEAL The appeal shall be taken within
fifteen (15) days from notice of the
RELIEF FROM JUDGMENT judgment or final order appeal from.

REVIEW OF DECREE OF DISMISSAL OF APPEAL (SECTION 13,

REGISTRATION RULE 41)
The trial court may, motu proprio
or on motion, dismiss the appeal for
RECONVEYANCE
having been taken out of time or for
non-payment of the docket and
ACTION TO QUIET TITLE other lawful fees within the
reglementary period.
DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL

MOTION FOR NATURE (RULE 38)

RECONSIDERATION The Petition for relief is available
only after a decision or final order
from which relief is sought has
ORDINARY APPEAL become final and executory [Garcia
v. CA, 202 SCRA 228 (1991)] or loss
RELIEF FROM JUDGMENT of the right to appeal [David v. CA,
214 SCRA 644 (1992)]
REVIEW OF DECREE OF
REGISTRATION GROUNDS (SECTION 1, RULE 38)- FAME
The relief provided for is of
equitable character, allowed only in
RECONVEYANCE exceptional cases as when there is
no other available only in
ACTION TO QUIET TITLE exceptional cases as wen there is no
other available or adequate remedy.
DAMAGES [Ibabao v. IAC, 150 SCRA 76
(1987)]
CLAIM FOR ASSURANCE
FUND
NEW TRIAL PERIOD FOR FILING PETITION
A verified Petition must be filed
MOTION FOR within sixty (60) days after the
RECONSIDERATION petitioner learns of the judgment,
final order, or other proceeding to
be set aside and not more than six
ORDINARY APPEAL (6) months after such judgment or
final order was entered, or such
RELIEF FROM JUDGMENT proceeding was taken, and must be
accompanied with affidavits
REVIEW OF DECREE OF showing the fraud, accident,
REGISTRATION mistake, or excusable negligence
relied upon, and the facts
constituting the petitioners good
RECONVEYANCE and substantial cause of action or
defense.
ACTION TO QUIET TITLE
First Integrated Bonding and Jets Co. Inc.
DAMAGES v. Hernando, 199 SCRA 796 [1991]
The period are non-extensible and
CLAIM FOR ASSURANCE never interrupted, they are not
FUND subject to a condition or
contingency.
NEW TRIAL

MOTION FOR
RECONSIDERATION

REMEDY IN CASE OF DENIAL PETITION

ORDINARY APPEAL Rule 41 Section 1 provides that
such order is no longer subject to
RELIEF FROM JUDGMENT appeal.

REVIEW OF DECREE OF This does not mean that the

REGISTRATION aggrieved party has no remedy at
all. The remedy of an aggrieved
party is a petition for certiorari
RECONVEYANCE under Rule of the Rules of Court.

ACTION TO QUIET TITLE

DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL NATURE AND GROUNDS
This remedy is available to an
MOTION FOR aggrieved party who has been deprived
RECONSIDERATION of land or any estate or interest therein
by decree of registration and the only
ground that may be involved for this
ORDINARY APPEAL purpose is actual fraud.

RELIEF FROM JUDGMENT Actual Fraud- intentional omission of a fact

required by law to be stated in the application
REVIEW OF DECREE OF or a willful statement of a claim against the
REGISTRATION truth.

Estiva v. Alvero, 37 Phil 497 [1918]

RECONVEYANCE It is likewise fraud to knowingly omit
or conceal a fact, upon which benefit is
ACTION TO QUIET TITLE obtained to the prejudice of a third
person.
DAMAGES
Valmonte v. Villaroman, 52 Phil. 221 [1928]
CLAIM FOR ASSURANCE Absence and minority do not constitute
FUND actual fraud and cannot be ground for
a review of decree.