REMEDIES GROUNDS WHEN TO FILE PRESCRIPTION NOTES

MOTION FOR NEW 1. FAME Filed within the Result of motion:

TRIAL 2. Newly period of appeal and 1. DENIED- appeal on original
Discovered 15 days from the judgement and not the motion
Evidence receipt of judgment 2. GRANTED- vacated, trial de novo,
evidence
MOTION FOR 1. Award of Filed within the Result of motion:
RECONSIDERATION damages period of appeal and 1. DENIED- appeal on original
excessive 15 days from the judgement and not the motion
2. Insufficiency of receipt of judgment 2. GRANTED- court may amend the
evidence judgment or decision based on the
3. Decision is grounds
contrary to law
PETITION FOR 1. FAME Filed within 60 days Petition is to set aside the judgment or final
RELIEF OF from the knowledge order or proceeding
JUDGEMENT of judgment and not
more than 6months
from entry of final
judgment
APPEAL ORDINARY APPEAL MODES OF APPEAL
a. File notice of 1. ORDINARY APPEAL-
appeal- 15 Notice of appeal-the following must
days from be stated, 1. Name of parties,
notice of judgment or final order or its part,
judgment show time stating timeliness of filing
b. File notice appeal
and record of
appeal- 30 Notice of appeal and record of
days from appeal- the following must be
notice of stated, 1. Name of parties, judgment
judgment or final order or its part, show time
stating timeliness of filing appeal, on
which court will you elevate the
decision of the RTC
 2. PETITION FOR REVIEW- raised issues:
question of fact, plain question of
law, mixed question of fact and law
3. PETITION FOR CERTIORARI- issue
raised is pure question of law, RTC
rendered judgement in its original
jurisdiction
REVIEW OF DECREE 1. EXTRINSIC Filed within 1 year 4 REQUISITES FOR REVIEW
OF REGISTRATION FRAUD from issuance of the 1. The land belonging to a person has
2. ACTUAL decree of registration been registered in the name of
FRAUD another
2. It was procured by actual or extrinsic
fraud
3. Petition must be filed within 1 year
from issuance of decree
4. Property not yet transferred to
innocent purchaser for value
RECONVEYANCE 1. FRAUD 1. FRAUD- 4 Jurisdiction: MTC or RTC where land is
2. OTHER YEARS FROM located
ILLEGAL DISCOVERY
MEANS OF FRAUD Basis : Assessed Value in Tax Dec
(VOIDABLE)
2. IMPLIED Requisites for action:
TRUST- 10 1. Action must be brought in the name
YEARS FROM of person claiming ownership
DATE OF 2. Registration was procured through
ISSUANCE OF fraud or other illegal means
OCT 3. Property not yet passed to innocent
3. VOID purchaser for value
CONTRACT- 4. Action is filed after CT is final but
IMPRESCRIP within prescribed time
TIBLE
Reconveyance may be barred by
prescription, laches, res judicata
QUIETING OF TITLE 1. CLOUD Cloud or doubt exist because of:
1. An instrument, deed, record,
contract, encumbrance, proceeding
2. Which is apparently valid and
effective
3. But in truth and in fact is invalid
ineffective or unenforceable
4. And may be prejudicial to title

This can only be availed of if cloud which

exists is apparently valid or effective
RECOVERY FOR Applicable if you can’t recover property
DAMAGES because it has been passed to innocent
purchaser for value
ANNULMENT OF 1. LACK OF 1. LACK OF Applicable only if MNT MR A PRJ is not
JUDGEMENT/ JURISDICTION JURISDICTIO among the available remedies. It is not
FINAL ORDER/ 2. EXTRINSIC N- allowed if he only fails to file any of them.
RESOLUTION FRAUD IMPRESCRIP
TIBLE
2. EXTRINSIC
FRAUD- 4
YEARS
REVERSION 1. VIOLATION OF SEC 118
2. 120
3. 121
4. 122
5. 123
6. CERTIFICATE OF TITLE OR FREE PATENT ACQUIRED THRU FRAUD
7. ALL LANDS OF PUBLIC DOMAIN ACQUIRED IN VIOLATION OF CONSTITUTION
8. NON-REGISTRABLE LANDS REGISTERED IN THE NAME OF DEFENDANT