MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
A. INTRODUCTION
1. REGALIAN DOCTRINE/JURA REGALIA
 Western legal concept introduced by the
Spaniards into the country through Law of the
Indies and Royal Cedulas, which embodies the
concept that all lands of public domain and all
other natural resources are owned by the State
 The State is, by the Constitution, the owner of all
lands belonging to the public domain, the waters,
fisheries, forests, and all natural resources therein.
 State is the source of any asserted right to
ownership in land and charged with the
conversation of such patrimony.
 ANCESTRAL DOMAIN
 RA 8371 or the Indigenous Peoples Rights Act
of 1997
 recognizes the rights of ownership of
Indigenous Cultural Communities or
Indigenous People (ICCs/IPs) to their
ancestral domains or lands on the basis of
native title
 Regalian doctrine doesn’t negate native title to
lands held in private ownership since time
immemorial.
 Ownership was given to the indigenous people
under customary law which traces its origin to
native title.
 CONSTITUTIONAL BASIS
 Art. XII, Sec. 2 of the 1987 Constitution
 provision embodies the principle of State
ownership of lands and all other natural
resources
ESTRELLA, TOM LUI M.
 “exploration, development, and utilization
of national resources shall be under the
full control and supervision of the State”
 60:40 Doctrine – Filipino citizens
undertaking joint ventures, co-production
agreements, etc. with foreign entities must
own at least 60% of the capital.
2. TORRENS SYSTEM OF REGISTRATION
 system of registration of transactions with
interest in land whose declared object is,
under governmental authority, to establish
and certify to the ownership of an absolute
and indefeasible title to realty, and to simplify
its transfer
 titles registered thereunder are indefeasible
or as nearly so as it is possible to make them
 HISTORY
 SIR ROBERT TORRENS – founded the
system, in which a sale of land would be
effected by a registered transfer upon
which a certificate of title is issued,
guaranteed by a statute, and constitutes
indefeasible title to the land therein
 PH SETTING – Torrens System was
legalized via Act No. 496 (Land
Registration Act of 1903), placing all
public and private lands under Torrens
system
 PURPOSE
 To make the ownership of a parcel of land
indefeasible and absolute due to the
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS

certificate of title vested upon the owned of other countries which gave Filipinos
by law such privileges
 ADVANTAGES:  CA No. 141
 Quiet title to land;  present Public Land Act
 Accumulate precise and correct statement of  transitory provisions on rights of
the exact status of the fee held by its owner, in American citizens and corporations
one document; during Commonwealth period at par with
 Decree title that is irrevocable, final, and Filipino citizens and corporations
indisputable;  chapter on judicial confirmation of
 Decree title that can’t be altered modified, imperfect/incomplete titles based on
enlarged or diminished, except in some direct acquisitive prescription
proceeding;  ACT No. 496
 Relieve the land the burden of known and  Land Registration Act
unknown claims;  established Torrens system of registration
 Put a stop forever to any question of legality of in the country
the title;  creation of “Court of Land Registration”,
 Simplify ordinary dealings over registered who has exclusive jurisdiction over all
land; registration applications
 Afford protection against fraudulent  ACT No. 2259
transactions;  Cadastral Act
 Restore just value of land; and  system of compulsory registration
 Minimize conflicting claims & stabilize land requiring that the title to lands be settled
ownership & adjudicated in the public interest
 PD No. 1529
3. LAWS AFFECTING LAND REGISTRATION  Property Registration Decree
 ACT No. 926  update the Land Registration Act
 first Public Land Act  codify various laws relative to registration
 governed the disposition of lands of public of property
domain  the Decree supersedes all other laws
 ACT No. 2874 relative to land registration
 second Public Land Act  RA No. 8371
 limited the exploitation of agricultural  Indigenous Peoples’ Rights Act of 1997
lands to Filipinos & Americans and citizens

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
 rights of ICCs or IPs may be acquired by (1)
native title over both ancestral lands and
domains, or (2) by Torrens Title under Act
No. 926 and PD 1529 with respect to
ancestral lands only
4. REGISTRATION AS AN ACTION IN REM
 IN REM PROCEEDING
 objective is to bar indifferently all who
might be minded to make an objection of
any sort against the right sought to be
established, and if anyone in the world has
a right to be heard on the strength of
alleging facts which, if true, show an
inconsistent interest
 proceeding is against the whole world
 all occupants, adjoining owners, adverse
claimants, and other interested persons
are notified of the proceedings, by
publication of notice of initial hearing and
the right to appear as opposition to such
application
5. STATUS OF PRE-EXISTING LAWS ON LAND
REGISTRATION
 SPANISH MORTGAGE LAW
 discontinued due to the implementation of
PD 1529, superseding prior laws
 all lands recorded under such system will
be considered unregistered lands
 must be authenticated in appropriate
registration proceedings before August
16, 1976
ESTRELLA, TOM LUI M.
6. LAND REGISTRATION AUTHORITY
 FUNCTIONS:
 extend assistance to DAR, Land Bank, and
other agencies on land reform
 extend assistance to courts in ordinary
and cadastral land registration
proceedings
 central repository of records relating to
land registration under Torrens system
 REGISTER OF DEEDS
 public repository of records of
instruments affecting registered or
unregistered lands and chattel mortgages
in the province/city where it’s situated
B. JUDICIAL REGISTRATION/ORIGINAL REGISTRATION
1. REGISTRATION
 entry of instruments or deeds in a book or
public registry, making it permanent to the
owner responsible of its registration
 affects and binds the land, and operates as
a constructive notice to the world
2. PERSONS WHO CAN APPLY FOR
REGISTRATION
 CITIZENS/FORMER CITIZENS
- natural-born citizen of the Philippines
- natural-born citizen of the Philippines
who has lost his Philippine nationality
can be a transferee of private lands,
subject to limitations provided by law
(Art. 12, Sec. 8)
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS

 FOREIGNERS 3. WHO MAY APPLY UNDER PD No. 1529

- not allowed by law, but can own 40%  By themselves or predecessors, have been
of capital if under a joint venture with in open, continuous, exclusive, and
a Filipino notorious (OCEN) possession & occupation
- PH lands are preserved for Filipinos, of alienable and disposable lands of public
and the law maintains the domain under a bona fide claim of
conservation of the national ownership since June 12, 1945 or earlier.
patrimony  Ownership of private land through
 CORPORATIONS prescription
- GENERAL RULE: NO  Ownership of private lands or abandoned
- EXCEPTION – by lease for a period not river beds by right of accession/accretion
exceeding 25 years and renewal for  Ownership of land in other manner
not more than 25 years, and not provided by law
exceeding 1000 hectares
- CORPORATION SOLE: no nationality
- The law safeguards the rights of 4. TYPES OF LAND
qualified individuals due to a gradual  Agricultural (only one alienable)
decrease of available alienable public  Forest
lands caused by a growing population.  Mineral
 CO-OWNERS/VENDEES A RETRO/  Natural Parks
TRUSTEES
- CO-OWNERS must file the application
jointly or thru division if such partition
5. ALIENABLE & DISPOSABLE LAND UNDER
is effected
PUBLIC DOMAIN
- VENDEE A RETRO
ALIENABLE AGRICULTURAL
 GENERAL RULE: Vendor can file
- PATRIMONIAL: lands that are subject
 EXCEPTION – pendency &
lands of private for cultivation of
redemption period expired, ownership by the crops, used for
ownership to the property will be State livelihood, etc.
consolidated with the vendee, and - AGRICULTURAL:
shall substitute the application lands of public
- TRUSTEE can file on behalf of the domain
principal unless prohibited

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS

 CONSTITUTIONAL BASIS CA No. 141 RA No. PD No.

- Art. XII, Sec. 2 of the 1987 1942 1073
Constitution Land must Land must Possession
- provision embodies the principle of be be alienable of land
State ownership of lands and all other alienable and must be
natural resources and disposable since June
disposable “at least 30 12, 1945
- “exploration, development, and
from July days
utilization of national resources shall
26, 1894 preceding
be under the full control and the filing of
supervision of the State application”
 PROOFS OF ESTABLISHMENT OF
ALIENABILITY/DISPOSABILITY
 Certificate from BFD  There are no substantial distinction
 Land Classification Map between Sec. 48 (b) of CA No. 141 and Sec.
 Executive Proclamation 14 (1) of PD No. 1529, for both connotes
 Executive/Legislative Act original registration proceedings against
 Report from Inspector/Surveyor the world (in rem) and the issuance of
decree for both is conclusive and final.
6. NON-REGISTERABLE PROPERTIES  PROOFS REQUIRED TO ESTABLISH
 property of public dominion POSSESSION IN CONCEPT OF OWNER:
 intended for public use, service, forest  Cultivation on the land
lands, watersheds, mineral lands,  Boundaries
riverbanks, lakes, and other similar  Improvements
public character  Tax declarations – not conclusive
evidence of ownership if presented
7. OPEN, CONTINUOUS, EXCLUSIVE, AND alone, but they constitute at least an
NOTORIOUS POSSESSION SINCE JUNE 12, indication of possession for there is no
1945 OR EARLIER one who would be paying taxes over
 The date (June 12, 1945) qualifies its the land but the owner himself
antecedent phrase “under a bona fide - GENERAL RULE: Not evidence of
claim of ownership. ownership

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
- EXCEPTION: when it is not the
only document presented as
evidence of ownership
8. OWNERSHIP THRU PRECRIPTION
 Possession and cultivation of a portion
of a tract under claim of ownership of all
is a constructive possession of all, if
remainder is not in adverse possession
of another. Possession must be in
concept of the owner, public, peaceful,
uninterrupted, and acts of possessory
character like license or mere tolerance
on the part of the real owner are not
sufficient.
 PRESCRIPTION - concerned with lapse
of time in the manner or under
conditions laid down by the law, the
possession must be in concept of the
owner, public, peaceful, uninterrupted,
and adverse; doesn’t run against the
State except provided by law
 ORDINARY – possession of 10
years in good faith and just title
 EXTRAORDINARY – possession of
30 years, without need of title or of
good faith
ACQUISITIVE EXTINCTIVE
Acquisition of Loss or
ownership and other extinguishment of
real rights through property rights or
possession of a thing actions through the
in the manner and possession by another
ESTRELLA, TOM LUI M.
condition provided by of a thing for the
law (ordinary or period provided by
extraordinary) law or through failure
to
bring the necessary
action to enforce one’s
right within the
period fixed by law
 PATRIMONIAL PROPERTY
- Private property of the State, used for
development or public service, etc.
- Property of public domain, but when
no longer needed for public use or
service, it would form part of the
patrimonial property of the State
- Public land become patrimonial
when:
 Not anymore intended for
public use
 Not for public use,
development, or general
welfare
9. OWNERSHIP THRU ACCRETION/ACCESSION
 ACCRETION – gradual reception of land
from effects of current of water
 ACCESSION – sudden reception of land in a
large scale from effects of current of water
 Because of loss of land, owner of estates
bordering rivers must be compensated for
the loss and encumbrances that would
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
prejudice the riparian owner by right of
accretion.
10. OWNERSHIP THRU OTHER LAWS
 when land of public dominion is by statute or EA,
ceded & transferred in full ownership in favor of
the grantee who may therefore file an
application for registration thereof
C. ORIGINAL LAND REGISTRATION PROCEEDINGS
1. SURVEY OF THE LAND BY THE BUREAU OF LANDS
OR A DULY REGISTERED PRIVATE SURVEYOR
 No plan of such survey, whether it be original
or subdivision, may be admitted in land
registration proceedings until approved by
the Director of Lands.
2. FILING OF APPLICATION FOR REGISTRATION BY
THE APPLICANT
 FORM OF THE APPLICATION
 In writing
 Signed by the applicant/s or person duly
authorized in his behalf
 Sworn before any officer authorized to
administer oath for the province or city
where the application was actually
signed
 Application is presented in duplicate
 CONTENTS OF THE APPLICATION
 A description of the land
 The citizenship and civil status of the
applicant, whether single or married,
ESTRELLA, TOM LUI M.
and, if married, the name of the wife or
husband, and, if the marriage has been
legally dissolved, when and how the
marriage relation terminated. It shall
also state:
 The full names and addresses of all
occupants of the land and those of the
adjoining owners, if known, and, if not
known, it shall state the extent of the
search to find them.
 Whether the property is conjugal,
paraphernal or exclusively owned by the
applicant.
 DOCUMENTS TO ACCOMPANY THE
APPLICATION
 Tracing-cloth plan duly approved by the
Director of Lands, together with two
blueprint or photographic copies thereof
 Three copies of the corresponding
technical descriptions;
 Three copies of the surveyor’s
certificate;
 All original muniments of title in the
possession of the applicant which prove
his rights, to the title he prays for or to
the land he claims; and
 Certificate in quadruplicate of the city or
provincial treasurer of the assessed
value of the land, at its last assessment
for taxation, or, in the absence thereof,
that of the next preceding year.
However, in case the land has not been
assessed, the application may be
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
accompanied with an affidavit in
quadruplicate of the fair market value of
the land, signed by three disinterested
persons.
 AMENDMENTS TO THE APPLICATION
 Sec. 19, PD 1529 permits the applicants
to amend the application at any stage of
the proceedings upon such just and
reasonable terms as the court may
order;
 However, Sec. 23, PD 1529 mandates
that there is a need to comply with the
required publication and notice as in an
original application if the amendment is
substantial as in:
 A change in the boundaries
 An increase in the area of the land
applied for;
 The inclusion of an additional land
3. SETTING OF THE DATE FOR THE INITIAL
HEARING OF THE APPLICATION BY THE COURT
 The Court shall issue an order setting the date
and hour of the initial hearing within 5 days
from filing of the application
 The initial hearing shall be 45 – 90 days from
the date of the order [Sec. 23, PD 1529]
4. TRANSMITTAL TO THE LRA
 The application and the date of initial hearing
together with all the documents or other
evidences attached thereto are transmitted
ESTRELLA, TOM LUI M.
by the Clerk of Court to the Land Registration
Authority (LRA)
5. PUBLICATION OF A NOTICE OF THE FILING
OF THE APPLICATION AND DATE AND PLACE
OF HEARING
 Publication shall be sufficient to confer
jurisdiction upon the court. [Sec. 23, PD 1529]
 FORM AND CONTENTS OF THE NOTICE:
 Addressed to all persons appearing to
have an interest in the land involved
 Requires all persons concerned to
appear in court on the date and time
indicated to show cause why the
application for registration should not
be granted
 The public shall be given notice of the initial
hearing of the application by publication.
 The Commissioner of Land Registration
(CLR) shall cause it to be published once
in the Official gazette AND once in a
newspaper of general circulation
 This is sufficient to confer jurisdiction to
the court
 It is not necessary to give personal notice to
the owners or claimants of the land sought to
be registered to vest the court with authority
over the res. Land registration proceedings
are actions in rem.
 Once the registration court had acquired
jurisdiction over a certain parcel, or parcels,
of land in the registration proceedings in
virtue of the publication of the application,
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
that jurisdiction attaches to the land or lands
mentioned and described in the application.
If it is later shown that the decree of
registration had included land or lands not
included in the original application as
published, then the registration proceedings
and the decree of registration must be
declared null and void insofar — but only
insofar — as the land not included in the
publication is concerned.
6. SERVICE OF NOTICE UPON CONTIGUOUS
OWNERS, OCCUPANTS AND THOSE KNOWN TO
HAVE INTEREST IN THE PROPERTY BY THE
SHERIFF
 MAILING
 Within 7 days from publication, the CLR
shall mail a copy of the notice
 Copies of the notice shall be mailed to:
- Every person named in the notice
whose address is known.
- Secretary of Public Highways, to the
Provincial Governor, and to the
Mayor of the municipality or city, in
which the land lies, if the applicant
requests to have the line of a public
way or road determined
- Secretary of Agrarian Reform, the
Solicitor General, the Director of
Lands, the Director of Mines and/or
the Director of Fisheries and Aquatic
Resources, (as appropriate) if the
land borders on a river, navigable
ESTRELLA, TOM LUI M.
stream or shore, or on an arm of the
sea where a river or harbor line has
been established, or on a lake, or if it
otherwise appears from the
application or the proceedings that a
tenant-farmer or the national
government may have a claim
adverse to that of the applicant
 POSTING
 CLR shall cause the sheriff or his deputy
to post the notice at least 14 days before
the hearing:
 In a conspicuous place on each parcel of
land included in the application and in a
conspicuous place on the bulletin board
of the municipal building of the
municipality or city in which the land or
portion thereof is situated.
 The court may also cause notice to be
served to such other persons and in such
manner as it may deem proper.
 Notice of application and initial hearing by
publication is sufficient and the mere fact that
a person purporting to have a legitimate
claim in the property did not receive personal
notice is not a sufficient ground to invalidate
the proceedings although he may ask for the
review of the judgment or the reopening of
the decree of registration, if he was made the
victim of actual fraud.
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
7. FILING OF ANSWER OR OPPOSITION TO THE
APPLICATION BY ANY PERSON WHETHER NAMED
IN THE NOTICE OR NOT
 WHO: Any person claiming an interest, whether
named in the notice or not
 WHEN: On or before the date of initial hearing, or
within such further time as may be allowed by the
court.
 WHAT: It shall state all the objections and the
interest claimed by the party the remedy desired.
 HOW: It shall be signed and sworn to by him or
by some other duly authorized person. Sec. 25, PD
1529 provides for the requisites of an opposition:
 It shall set forth “all the objections to the
application” and
 It shall state the “interest claimed by the
party filing the same”
 EFFECT OF FAILURE TO ANSWER:
 If no one appears/files an answer, upon
motion, the court shall order a default to be
recorded.
 By the description in the notice "To all
Whom It May Concern", all the world are
made parties defendant and shall be
concluded by the default order.
 Where an appearance has been entered and
an answer filed, a default order shall be
entered against persons who did not
appear and answer.
 Absence of opposition does not justify
outright registration.
ESTRELLA, TOM LUI M.
 EFFECTS OF DEFAULT:
 With respect to the Applicant – he has the
right to present or adduce evidence ex
parte
 With respect to those covered by the
default order – they have no legal
standing in court; therefore, they are no
longer allowed to participate and no
opportunity to present evidence
8. HEARING OF THE CASE BY THE COURT
 APPLICABLE PROCEDURAL LAW:
 Reception of evidence is governed by PD
1529
 Rules of Court shall, insofar as not
inconsistent with the provisions of the
Decree, be applicable to land registration
and cadastral cases by analogy or in a
suppletory character and whenever
practicable and convenient
 Sec. 27, PD 1529: Court may either:
 Hear the parties and their evidence, or
 Refer the case or any part thereof to a
referee
- Referee shall hear the parties,
receive their evidence, and submit
his report thereon to the Court
within 15 days after termination of
such hearing
- Hearing before a referee may be held
at any convenient place within the
province or city as may be fixed by
him and after reasonable notice
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
thereof shall have been served to the
parties concerned
- Upon receipt of the report the Court
may:
o Adopt the same
o Set aside the report
o Modify the report
o Refer back or recommit the
case to the referee for
presentation of evidence
9. PROMULGATION OF JUDGMENT BY THE COURT
 This is the adjudication, determination, and
resolution of the issue of ownership
 FORMS OF JUDGMENT:
 DISMISSAL OF THE APPLICATION –
with prejudice or without prejudice
 PARTIAL JUDGMENT – in a case where
only a portion of the land subject of
registration is contested, the court may
render partial judgment provided that a
subdivision plan showing the contested
and uncontested portions approved by
the Director of Land is previously
submitted to said court.
 JUDGMENT CONFIRMING TITLE -
Judgment may be rendered confirming
the title of the applicant, or the
oppositor as the case may be, to the
land or portions thereof upon finding
that the party concerned has sufficient
title proper for registration.
ESTRELLA, TOM LUI M.
 FINALITY OF JUDGMENT - Sec. 30, par. 1, PD
1529 provides that the judgment becomes final
upon the expiration of 30 days counted from
receipt of notice of judgment. Note: This has
been MODIFIED to the lapse of 15 days counted
from receipt of notice of judgment as per Sec.
39, BP 129
10. ISSUANCE OF THE DECREE
 If the court finds after hearing that the
applicant or adverse claimant has title as stated
in his application or adverse claim and proper
for registration, a decree of confirmation and
registration shall be entered
 The Court declares the decision final and
instructs the LRA to issue a decree of
confirmation and registration within 15 days
from entry of judgment • Note: It is not the
court that issues the decree, but the LRA
 One year after issuance of the decree, it
becomes incontrovertible and amendments of
the same will not be allowed except in cases of
clerical errors
 Court retains jurisdiction over the case
until after the expiration of 1 year from
the issuance of the decree of
registration.
 While a decision in land registration
proceeding becomes final after the
expiration of thirty days from the date
of service of its notice, the decree of
registration does not become final until
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS

after the lapse of one year from the date 12. SENDING OF COPY OF THE DECREE OF
of its issuance and entry. REGISTRATION TO THE CORRESPONDING
REGISTER OF DEEDS (Registrar of Land Titles and
11. ENTRY OF THE DECREE OF REGISTRATION Deeds)
 Decree is entered in the LRA
 Every decree of registration shall: 13. TRANSCRIPTION OF THE DECREE OF
 Bear the day of the year, hour, and minute REGISTRATION
of its entry  It is transcribed in the registration book of the
 Be signed by the Administrator of the Land Registrar of Land Titles and Deeds
Registration Authority in his ex officio  Registrar issues owner’s duplicate OCT of the
capacity as Clerk of Court in land applicant by the Registrar of Land Titles and
registration matters Deeds, upon payment of the prescribed fees.
 State whether the owner is:
- Married or unmarried, and if married,
the name of the husband or wife, D. REMEDIES FOR JUDICIAL REGISTRATION OF TITLE
provided that if the land adjudicated is 1. CERTIFICATE OF TITLE
conjugal property, it shall be issued in  transcript or document of the decree of
the names of both spouses. registration made by the Register of Deeds in
- If the owner is under disability, it shall the registry
state the nature of the disability.  evidence of ownership of title
- If the owner is a minor, his age  title becomes inconvertible upon the
 Contain a description of the land as finally expiration of 1 year period without case filed
determined by the court  PROBATIVE VALUE – serves as an evidence of
 Set forth the estate of the owner, and also, an indefeasible and inconvertible title to the
in such manner as to show their relative property in favor of the person whose name
priority, all particular estates, mortgages, appears thereon
easements, liens, attachments and other
encumbrances, including rights of tenant- DIRECT ATTACK COLLATERAL
farmer, if any, to which the land or owner’s ATTACK
estate is subject Object of action is to in an action to obtain a
 Contain any other matter properly to be be annul or to be set different relief; an
determined aside for judgment attack on the judgment
is nevertheless made as
an incident thereof

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS

4. RELIEF FROM JUDGMENT

 final order is taken against a party in any court
2. MOTIONS FOR NEW TRIAL AND
thru accident, mistake, excusable negligence
RECONSIDERATION
 60 days after petitioner learns of the judgment
 NEW TRIAL
 GROUNDS:
- 15 days from notice of judgment
 Judgment/final order is entered
- Requisites:
 Any proceeding is taken against a party in
 fraud, accident, mistake, excusable
any court through accident, mistake,
negligence (FAME) by which
excusable negligence
aggrieved party has been impaired of
rights
 newly discovered evidence
 RECONSIDERATION 5. PETITION FOR REVIEW OF DECREE
- 15 days from notice of judgment  1 year from notice of judgment (Sec. 32 of PD
- Requisites: 1259)
 judgment of conviction  GROUNDS:
 judgment is not final  Petitioner must have estate/interest to the
 motion is at the instance of the accused land
 Show actual fraud
3. APPEAL  Filed within 1 year
 15 days from notice of judgment  Property has not yet passed to innocent
 NEYPES DOCTRINE – statutory privilege purchaser for value
when right of appeal is not constitutional, ACTUAL/INTRINSIC EXTRINSIC FRAUD
national or inherent right FRAUD
 MODES: committed outside the any fraudulent act in
 ORDINARY – RTC to CA or inferior courts trial of a case against a litigation like
to RTC; appeal from original jurisdiction defeated party, forged instrument or
 PETITION FOR REVIEW – RTC to CA; preventing them from perjured testimony
appeal from appellate jurisdiction presenting fully or fairly
 CERTIORARI – RTC to SC or CA to SC; only in the case
questions of law applicable

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS
6. ACTION FOR RECONVEYANCE
 granted to the rightful owner who has been
wrongfully or erroneously registered in the
name of the another for the purpose of
compelling the latter to transfer or re-convey
the land to him
 action in personam, thus, always available as
long as not yet transferred to an innocent
purchaser for value
 after 1 year from the date of issuance of the
decree; 10 years reckoned from the date of the
issuance of the decree
 GROUNDS:
 Fraud (4 years)
 Implied trust (10 years)
 Void contract (imprescriptible)
 Fictitious deed (imprescriptible)
 Plaintiff is in actual possession
(imprescriptible)
7. ACTION FOR COMPENSATION FROM ASSURANCE
FUND
 awarded to a person deprived of the property
and sustained loss or damages due to such
deprivation thru FAME
 6 years when right of action accrues
 GROUNDS:
 Person is deprived
 No negligence
 Such loss is through any omission or
mistake by Clerk of Court, Register of
Deeds, etc.
ESTRELLA, TOM LUI M.
8. ACTION FOR DAMAGES
 10 years
 Before such property is transferred to the 3rd person
or innocent purchaser for value
9. ANNULMENT FOR DAMAGES
 Within 5 days from notice of judgment
 GROUNDS:
 Extrinsic fraud within 4 years from
discovery
 Lack of jurisdiction or denial of due process
before being barred by laches or estoppel
10. QUIETING OF TITLE
 4 years
 brought to remove a cloud over the property;
prevent a cloud to be cast upon the title of a real
property
 GROUNDS:
 Plaintiff has legal or equitable title
 Such deed or claim must be shown to be
invalid or inoperative despite prima facie
appearance
11. CANCELLATION SUIT
 when there are 2 titles over the property issued to
different persons
 public land is subsequently titled and plaintiff is
the rightful owner of the land
MOZZARELLA NOTES – LANDS, TITLES, AND DEEDS

12. ACTION FOR REVERSION

 restoration of public land of the gov’t
fraudulently awarded to private individual
defended by SG

13. CRIMINAL ACTION

 PERJURY – party who obtains registration thru
fruad

ESTRELLA, TOM LUI M.