REMEDIES

REMEDIES AVAILABLE TO THE AGGRIVED PARTY TO QUESTION THE VALIDITY OF THE JUDGEMENT IN
REGISTRATION CASES:

1. Motion for new trial

2. Motion for reconsideration
3. Petition for relief of judgment
4. Appeal to SC / CA
5. Review of decree under sec. 32 of PD 1529
6. Reconveyance
7. Damages
8. Claim against the assurance fund
9. Reversion
10. Cancellation of title
11. Annulment of judgment
12. Criminal prosecution under RPC
13. Quieting of title
14. Petition for review

MOTION FOR NEW TRIAL - If granted, the judgment is set aside

MOTION FOR RECONSIDERATION - If granted, judgment is set aside

 The period for filing either motion is within the period for taking an appeal and not perfecting an
appeal

 An appeal maybe taken within 15 days after notice to the appellant of the judgment / final order
appealed from

 When a record to appeal is required the appellant shall file a NOTICE OF APPEAL AND A RECORD
ON APPEAL within 30 days after notice of the judgment or final order.

GROUNDS FOR MOTION FOR NEW TRIAL

1. Fraud, accident, mistake or excusable negligence which ordinary prudence could not have
guarded against and by reason of which such aggrieved party has probably impaired in his
right.

2. Newly discovered evidence, which could not, with reasonable diligence, have discovered and
produced at the trial and which if presented would probably alter the result.

GROUNDS FOR MOTION FOR RECONSIDERATION

1. That the damages awarded are excessive
2. That the evidence is insufficient to justify the decision or final order
3. That the decision or final order is contrary to law

 Motion for new trial and reconsideration should be made in writing, stating the ground or
grounds thereof. A written notice shall be served by the movant on the adverse party.

 A motion for reconsideration shall point out specifically the findings or conclusion of the
judgment or final order which are not supported by the evidence or which are contrary to law.

 A pro forma motion for new trial or reconsideration shall not toll the reglementary period of
appeal.
MOTION FOR NEW TRIAL GROUNDED ON FRAUD, ACCIDENT, MISTAKE OR EXCUSABLE NEGLIGENCE:
AFFIDAVIT OF MERIT:
- Should be accompanied by 2 affidavits:

a. Affidavit setting forth the facts and circumstances alleged to constitute such fraud, accident,
mistake or excusable negligence

b. Affidavit setting forth the particular facts claimed to constitute the movants meritorious
cause of action or defense

- Affidavit of merit are not necessary if the granting of the motion for new trial is not
discretionary with the court but is demandable as of right, as where the movant has been
deprived of his day in court through no fault or negligence on his part.

FRAUD – to be a ground must be extrinsic to the litigation

KINDS OF FRAUD:
1. Extrinsic fraud
2. Intrinsic fraud

EXTRINSIC FRAUD - any fraudulent act of the successful party in a litigation which is committed outside
the trial of the 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.

INTRINSIC FRAUD – acts of a party in a litigation during the trial, such as the use of forged instruments
or perjured testimonies, which did not affect the presentation of the case, but did prevent a fair and just
determination of the case.

 In order to set aside the decision, it must be shown that there was fraud in the procurement and
not merely fraud in the original cause of action.

ACCIDENT / SURPRISE – it must appear that there was accident or surprise which ordinary prudence
could not have guarded against, and by reason of which the party applying has probably been impaired
in his right.

MISTAKE - Is some unintentional act, omission or error arising from ignorance, surprise, imposition or
misplaced confidence. It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or
misplaced confidence.

 Mistake shall invalidate consent only if it refers to the substance of the thing which is the object
of the contract or to the condition which has principally moved one or both parties to enter into
the contract.

 A mistake should be casual, not incidental.

EXCUSABLE NEGLIGENCE - Failure to take the proper step at the proper time, not in consequence of the
party’s own carelessness, inattention or willful disregard of the process of the court, but in consequence
of some unexpected or unavoidable hindrance or accident, or reliance on the care and vigilance of his
counsel or on promise made by the adverse party.

TIME FOR FILING OF PETITION:

1. Petition for relief from judgment / denial of appeal – within 60 days after the petitioner learns
of the judgment, final order or other proceeding.
2. Ordinary appeal – within 15 days from notice of the judgment or final order appealed from.
3. Petition for review – within 1 year from the issuance of the decree of registration
4. Action for reconveyance – filed after 1 year from the issuance of the decree of registration
  A party who has filed a timely motion for new trial cannot file a petition for relief from judgment
after his motion has been denied. These 2 remedies are exclusive of each other.

 Relief will not be granted to a party who seeks to be relieved from the effects of a judgment
when the loss of the remedy at law was due to his own negligence or a mistaken mode of
procedure.

APPEAL - May be taken from a judgment or final order that completely disposes of the case, or of a
particular matter therein when declared by the RC to be appealable.

NOT APPEALABLE:
1. An order denying a motion for new trial or reconsideration
2. An order denying a petition for relief from judgment
3. An interlocutory order
4. An order disallowing or dismissing an appeal
5. An order denying a motion to set aside a judgment by consent, confession or compromise on
the ground of fraud, mistake or duress or any ground vitiating consent
6. A judgment or final order for or against one or more of several parties or in separate claims,
counter claims, cross-claims, third party claim, while the main case is pending, unless the court
allows an appeal therefrom
7. An order dismissing an action without prejudice
REMEDY: RULE 65

MODES OF APPEAL:
1. ORDINARY APPEAL – The appeal to the CA in cases decided by the RTC in the exercise of its
original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the
judgment or final order.
2. PETITION FOR REVIEW - The appeal to the CA in cases decided by the RTC in the exercise of its
appellate jurisdiction in accordance to rule 42
3. APPEAL BY CERTIORARI – In all cases where only questions of law are raised or involved. The
appeal shall be to the SC by petition for review on certiorari under Rule 45

 Where a record on appeal is required, the appellant shall file a notice of appeal and a record on
appeal within 30 days from the notice of judgment or final order.

 The period of appeal shall be interrupted by a timely motion for reconsideration or motion for
new trial.

 In case a motion for new trail or reconsideration is denied, the party litigant is given a fresh
period of 15 days from receipt of the final order denying such motion within which to file the
notice of appeal (NEYPES RULE)

PERFECTION OF AN APPEAL
1. A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the
notice of appeal in due time.
2. A party’s appeal by record of appeal is deemed perfected as to him with respect to the
subject matter thereof upon the approval of the record of appeal in due time.

PETITION FOR REVIEW OF DECREE OF REGISTRATION – The court may reopen the proceedings already
closed by final decision or decree when an application is filed by the party aggrieved within 1 year from
the issuance of the decree of registration based only on actual fraud.
EXCEPTION: when an innocent purchaser for value has acquired the land or an interest therein, whose
rights may be prejudiced. Including innocent lessee, mortgagee, or other encumbrancer for value.

 Upon the expiration of the said 1 year period, the decree of registration and the certificate of
title shall be incontrovertible.
REMEDY: action for damages against the applicant or any other person responsible for the fraud.
REQUISITE FOR PETION FOR REVIEW OF DECREE OF REGISTRATION:
1. The petitioner must have an estate or interest in the land
2. He must show actual fraud in the procurement of the decree of registration
3. The petition must be filed within 1 year from the issuance of the decree by the LRA
4. The property has not yet passed to an innocent purchaser for value.

GROUNDS FOR PETITION FOR REVIEW: Only Extrinsic or collateral fraud

 The fraud that would justify review of a decree or registration must be actual, there must have
been an intentional concealment or omission of a fact required by law to be stated in the
application or a willful statement of a claim against the truth either of which is calculated to
deceive or deprive another of his legal rights.

 The fraud is extrinsic if it is employed to deprive parties of their day in court and thus prevent
them from asserting their right to the property registered in the name of the applicant.

SPECIFIC INSTANCES OF ACTUAL OR EXTRINSIC FRAUD

1. Deliberate misrepresentation that the lots are rot contested when in fact they are
2. Applying for and obtaining adjudication and registration in the name of a co-owner of land
which he knows had not been allotted to him in the partition
3. Intentionally concealing facts and conniving with the land inspector to include in the survey plan
the bed of a navigable stream
4. Willfully misrepresenting that there are no other claims
5. Deliberately failing to notify the party entitled to notice
6. Inducing a claimant not to opposes the application for registration
7. Misrepresentation by the applicant about the identity of the lot to the true owner causing the
latter to withdraw his opposition
8. Failure of the applicant to disclose in her application for registration the vital facts that her
husband’s previous application for revocable permit and to purchase the lands in question from
the Bureau of Lands been rejected
9. Deliberate falsehood that the lands were allegedly inherited by the applicant from her parents,
which misled the Bureau of Lands into not filling the opposition and thus depriving the Republic
of its day in court.

WHEN RELIEFS MAY NOT BE GRANTED:

1. Where the alleged fraud goes into the merits of the case, is intrinsic and not collateral, and has
been controverted and decided.
2. Where it appears that the fraud consisted in the presentation at the trial of a supposed forged
document, or a false and perjured testimony, or in basing the judgment on a fraudulent
compromise agreement, or in the alleged fraudulent act or omissions of the counsel which
prevented the petitioner from properly presenting the case.

 Petition must be filed within 1 year from the entry of decree of registration

 After the lapse of the 1 year period, the decree becomes incontrovertible and no longer subject
to reopening or review.

 As long as a final decree has not yet been entered by the LRA and the period of 1 year has not
elapsed, the title is not finally adjudicated and the decision continuous to be under the control
and sound discretion of the registration court

 A decree of a registration has not become final and un appealable until 15 days after the
interested parties have been notified of its entry, and during that period such decree may be set
aside by the trial judge on motion for new trial upon grounds stated in the RC.
ACTION FOR RECONVEYANCE – Is a legal and equitable remedy granted to the rightful owner of the land
which has been wrongfully or erroneously registered in the name of another for the purpose of
compelling the latter to transfer or reconvey the land to him.

- Is available not only to the legal owner of a property but also to the person with a better right
than the person under whose name said property was erroneously registered.
- One that seeks to transfer property to, wrongfully registered by another, to its rightful owner.
- An action in personam

 An action for reconveyance is an ordinary action in the ordinary court of justice

REMEDY OF OWNER WHOSE PROPERTY HAS BEEN WRONGFULLY REGISTERED IN ANOTHERS NAME:
1. Action for reconveyance
2. Action for damages, if the property has passed to a innocent purchaser for value

 After the lapse of one year, a decree of registration is no longer open to review or attack
although its issuance is attended with actual fraud.

 If the property has not yet passed to an innocent purchaser for value, an action for
reconveyance is still available.

 The decree becomes incontrovertible and can no longer be reviewed after one year from the
date of the decree so that the only remedy of thelandowner whose property has been
wrongfully or erroneously registered in another’s name is to bring ordinary action in court for
reconveyance, which is an action in personam and is always available as long as the property has
not passed to an innocent third party for value.

 A party seeking the reconveyance to him of his land must recognize the validity of the certificate
of title of the latter.

 No action for reconveyance can take place as against a third party who had acquired title over
the registered property in good faith and for value.

REQUISITE FOR ACTION FOR RECONVEYANCE:

1. The action must be brought in the name of a person claiming ownership or dominical right over
the land registered in the name of the defendant
2. The registration of the land in the name of the defendant was procured through fraud or other
illegal means
3. The property has not yet passed to an innocent purchase for value
4. The action is filed after the certificate of tile had already become final and incontrovertible but
within 4 years from the discovery of the fraud. Or not later than 10 years in the case of an
implied trust.

 An action for reconveyance of the property of which he had been illegally deprived may be filed
even before the issuance of the decree.

 An action to recover a parcel of land is a real action but it is a action in personam for it binds a
particular individual only although it concerns the right to tangible things. Being in personam, it
is important that the court must have jurisdiction over the person of the defendant, otherwise
its judgment is null and void.

 A notice of lis pendens may thus be annotated on the certificate of title immediately upon the
institutions of the action in court.

WHERE TO FILE ACTION FOR RECONVEYANCE- is filed as an ordinary action in the ordinary courts.
INDISPENSABLE PARTIES TO BE IMPLEADED IN AN ACTION FOR RECONVEYANCE
- Owners of property over which reconveyance is asserted are indispensable parties, without
whom no relief is available and without whom the court can render no valid judgment.

INSIPENSABLE PARTY – one without whom the action cannot be finally determined, whose interest in
the subject matter of the suit and in the relief sought are so bound up with that of the other parties that
his legal presence as a party to the proceeding is an absolute necessity.

QUANTUM OF PROOF IN ACTION FOR RECONVEYANCE:

- Not by mere preponderance of evidence but by clear and convincing evidence that the land
sought to be reconveyed is his.
- He must establish the fact of fraud.
- Fraud cannot be presumed but must be substantiated with clear and convincing evidence.

ACTION FOR RECONVEYANCE MAY BE BARRED BY PRESCRIPTION – may be barred by statute of

limitations.

 An allegation of prescription can effectively be used in a motion to dismiss only when the
complaint on its face shows that indeed the action has already prescribed.

PRESCRIPTION FOR ACTION FOR RECONVEYANCE:

1. Action based on fraud – within 4 years from discovery of fraud
2. Action based on implied trust – within 10 years from the date of the issuance of the OCT or TCT
3. Action based on a void contract – Imprescriptible
4. Action were plaintiff is in possession – Imprescriptible
5. Reconveyance acquired through public land patent - state not bound by prescription
6. Action to quiet title in one’s possession – imprescriptible
7. Action arising from implied or constructive trust – 10 years counted from the date of the
issuance of certificate of title over the real property.

 Such discovery is deemed to have taken place from the issuance of the OCT

 A person acquiring a property through fraud becomes by operation of law a trustee of an

implied trust for the benefit of the the real property.

 Repudiation of said trust is not a condition precedent to the running of the prescriptive period.

 The ten year prescriptive period for action for reconveyance based on implied trust applies only
when if there is an actual need to reconvey the property as when the plaintiff is not in
possession of the property.

 If the plaintiff, as the real owner of the property also remains in possession of the property the
prescriptive period to recover title and possession of the property does not run against him. In
this case, an action for reconveyance , if filed, shall be in the nature of a suit for quieting of title
which is imprescriptible.

 In actions for reconveyance of property predicated on the fact that the conveyance complained
of was void ab initio, a claim of prescription of the action would be unavailing and being null and
void, the subsequent sale of the property and title issued pursuant thereto produces no legal
effects (Quod Nullum est, Nullum Producit Effectum)

 An action to declare the inexistence of a void contract does not prescribe.

 An action for reconveyance based on the ground that the certificate of title was obtained by
means of Fictitious deed of sale, it is virtually an action for the declaration of its nullity, hence
does not prescribe.
REASON FOR IMPRESCRIPTIBILITY OF ONE IN POSSESSION IN ACTION FOR RECONVEYANCE: one who
is in actual possession of piece of land claiming to be the owner thereof may wait until his possession is
disturbed or his title is attacked before taking steps to vindicate his right, the reason for the rule being,
that his undisturbed possession gives him a continuing right to seek the aid of the court of equity to
ascertain and determine the nature of the adverse claim of a third party and its effect on his own title,
which right can be claimed only by one who is in possession.

REQUISITE BEFORE PRESCRIPTION MAY START IN CASES OF POSSESSION OF SUBJECT LAND:

1. The trustee has performed unequivocal acts of repudiation amounting to an ouster of the
cestui que trust
2. Such positive acts of repudiations have been made known to the cestui que trust
3. The evidence thereon is clear and positive

QUIETING OF TITLE - Is a common law remedy for the removal of any cloud of doubt or uncertainty with
respect to real property.

REQUISITES FOR QUIETING OF TITLE:

1. The plaintiff or complainant has a legal or an equitable title or interest in the real property
subject of the action

2. The deed, claim, encumbrance or proceeding claimed to be casting a cloud on his title must
be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or
legal efficacy.

RECONVEYANCE OF LAND ACQUIRED THROUGH PUBLIC LAND PATENT- STATE NOT BOUND BY
PRESCRIPTION – The right of reversion or reconveyance to the state of public lands or properties
fraudulently registered and which are not capable of private appropriation or private acquisition does
not prescribe.

LACHES MAY BAR RECONVEYANCE – Where the court finds that the position of the parties has to
change that equitable relief cannot be afforded without doing in justice, or that the intervening rights of
third persons may be destroyed or seriously impaired, it will not exert its equitable powers in order to
save one from the consequences of his own neglect.

ELEMENTS OF LACHES:
1. The conduct on the part of the defendant or of one under whom he claims,giving rise to the
situation of which complaint is made and for which the complaint seeks a remedy.

2. Delay in asserting the complainant’s right, the complainant having had knowledge or notice of
the defendant’s conduct and having been afforded an opportunity to institute a suit.

3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the
right on which he bases his suit

4. Injury or prejudice to the defendant in the event relief is accorded to the complainant or the suit
is not held to be barred.

PRINCIPLE OF LACHES – is one of estoppel because it prevents people who have slept on their rights
from prejudicing the rights of third parties who have placed reliance on the inaction of the original
patentee and his successors in interest.

ACTION MAY BE BARRED BY RES JUDICATA –when a court of competent jurisdiction has tried and
decided a right of fact, so long as the decision remains unreversed, it is conclusive on the parties and
those in privity with them. More so, where the SC has already decided the issue since the court is the
final arbiter of all justiciable controversies properly brought before it.
ELEMENTS OF RES JUDICATA:
1. The former judgment must be final
2. The court which rendered it has jurisdiction over the subject matter and the parties
3. The judgment must be on the merits
4. There must be between the first and the second actions, identity of the parties, subject matter and
causes of actions.

QUIETING OF TITLE - Is a common law remedy for the removal of any cloud of doubt or uncertainty with
respect to real property.

 Whenever there is a cloud on title to real property or any interest in real property by reason of
any instrument, record, claim, encumbrance, or proceeding that is apparently valid and
effective, but is, in truth and in fact, invalid, ineffective, voidable, or unenforceable, and may be
prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

WHO MAY FILE PETITION FOR QUIETING OF TITLE – a person interested under a deed, will, contract or
other written instrument, or whose rights are affected by a statute, executive order or regulation,
ordinance, or any other governmental regulations

CLOUD ON TITLE – is an outstanding claim or encumbrance which if valid, would affect or impair the title
of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to
be invalid or inapplicable to the estate in question.

 If the complaint alleges that there is already depriviation of possession of the property, the
proper remedy is the filing of an accion publiciana or an accion reinvindictoria.

ACCION PUBLICIANA – is a suit for recovery of possession, filed 1 year after the occurrence of the cause
of action of from the unlawful withholding of possession of the realty.

ACCION REINVINDICATORIA – is a suit that has for its object one’s recovery of possession over the real
property as owner.

TRUST – is the legal relationship between one person having an equitable ownership in property and
another person owning the legal title to such property, the equitable ownership of the former entitling
him to the performance of certain duties and the exercise of certain powers by the latter.

KINDS OF TRUST:
1. Implied trust
2. Express trust

EXPRESS TRUST – is created by the direct and positive acts of the parties, by some writing or deed or will
or by words evidencing an intention to create a trust.

IMPLIED TRUST - are those which, without being expressed, are deducible from the nature of the
transaction as matters of intent or which are superinduced on the transaction by operation of law as
matters of equity, independently of the particular intentions of the parties.

KINDS OFIMPLIED TRUST:

1. Resulting trust
2. Constructive Trust

RESULTING TRUST - Based on the equitable doctrine that valuable consideration and not legal title
determines the equitable title or interest and are presumed always to have been contemplated by the
parties.

CONSTRUCTIVE TRUST - Are created by the construction of equity in order to satisfy the damands of
justice and prevent unjust enrichment.
  Until and unless he repudiates the trust, applies to express trust and resulting implied trust.

 In constructive implied trust, prescription may supervene even if the trustee does not
repudiates the relationship.

ACTION FOR DAMAGES – should be brought within 10 years from the date of the issuance of the
questioned certificate of title

 After one year from the date of the decree. The sole remedy of the landowner whose property
has been wrongfully or erroneously registered in another’s name is not to set aside the decree,
but, respecting the decree as incontrovertible and no longer open for review, to bring an
ordinary action in the ordinary court of justice for reconveyance. However, if the property has
passed into the hands of an innocent purchaser for value, the remedy is an action for damages.

ACTION FOR REVERSION – seeks to restore public land fraudulently awarded and disposed of to private
individuals or corporations to the mass of public domain.

- Is instituted by the government, through the SG

OBJECTIVE OF ACTION FOR REVERSION – is the cancellation of the certificate of title and the resulting
reversion of the land covered by the title of the state.

 The right of the Republic to institute an action for reversion is rooted in the regalian doctrine.

REGALIAN DOCTIRNE – all lands of the public domain belong to the state and that the state is the source
of any asserted right to ownership in land and charged with the conservation of such patrimony.

GROUNDS FOR REVERSION:

1. Where lands of the public domain and the improvements thereon and all lands are held in
violation of the constitution.
2. Where there is fraudulent or unlawful inclusion of land in patents or certificates of title
3. Alienation of lands acquired under C.A. 141 in favor of person not qualified.
4. Alienation of lands acquires under free patent or homestead.
5. Lack of jurisdiction of Director of lands to grant patent because Land covers forest land, portion
of rivers or granted through mere oversight

ACTION FOR REVERSION DECLARATION FOR NULLITY OF TITLE

-The complaint is based on the fact
Defendant is a non – registrable public
Land And should therefore be restored to
The Mass of the public domain.
- issued pursuant to a public patent, the
plaintiff alleges prior ownership of the
ownership of the contested lot and
Defendants fraud / mistake in obtaining
Title thereto.

 The Director oflands has a continuing authority to conduct a investigation from time to time to
determine whether or not public land has been fraudulently awarded or titled to the end that
the corresponding certificate of title be cancelled and the land reverted to the public domain.

STATE NOT BARRED BY RE JUDICATA OR ESTOPPEL

- A Torrens title issued on the basis of the public land patent become as indefeasible as one which was
judicially secured upon the expiration of one (1) year from the date of issuance of the patent. However,
the indefeasibility cannot be a bar to an investigation by the state as to how such title has been
acquired, it the purpose of the investigation is to determine whether or not fraud has been committed
in securing the title.
- The doctrine of estoppel cannot operate against the state because of the mistake or error on the part
of its officials or agents.
CANCELLATION OF TITLE – is initiated by a private property usually in a case where there are 2 titles
issued to a different person for the same lot. When one of the 2 titles is held to be superior over the
other, one should be declared null and void and ordered cancelled.

 The earlier in date must prevail as between the original parties, and in case of successive
registration where more than 1 certificate is issued over the land, the person holding under the
prior certificate is entitled to the land as against the person who relies on the 2nd certificate.

 While an action for cancellation of title is usually brought by the aggrieved party whose land has
fraudulently or erroneously titled in the name of another, the government , although it may
have no propriety interest in the property, is also vested with personality to bring actions for the
cancellation of erroneously issued titles to protect public interest, preserve the integrity of the
Torrens systems, and safeguard the assurance fund as well.

RECOVERY OF DAMAGES FROM ASSURANCE FUND:

- A person who, without negligence on his part, sustain loss or damage or is deprived of land or
any estate or interest therein in consequence of the bringing of the land under the operation of
the Torrens system or arising after the original registration of land, through fraud or in
consequence of any error, omission, mistake or misdescription in nay certificate of title or in any
entry or memorandum in the registration book, and who by the provision of this decree is
barred, or otherwise precluded under the provision of any law from bringing an action for the
recovery of such land or the estate orinterest therein, may bring an action in any court of
competent jurisdiction for the recovery of damages to be paid out of the Assurance Fund.

 If the action is barred by prescription, the remedy of one who is wrongfully or erroneously
registered to another name is to file an action for recovery against the Assurance Fund with in
the period of 6 years from the time the right to bring such action accrues.

REQUISITE FOR RECOVERY UNDER ASSURANCE FUND:

1. Any person who has sustain loss / damage under the following conditions:
a. There was no negligence on his part
b. That the loss or damage sustained was through any omission, mistake or malfeasance
of the court personnel, or the Registrar of Deeds, his deputy, or other employees of the
registry in the performance of their respective duty

2. Any person who has been deprived of any land or interest therein under the following conditions:
a. That there was no negligence on his part

b. That he was deprived as a consequence of the bringing of his land or interest therein under
the provision of the Property Registration Decree or by registration by any other person as
owner of such land or by mistake, omission or mis description in any certificate of owner’s
duplicate copy

c. That he is barred or in any way precluded from bringing an action for the recovery of such
land or interest therein or claim upon the same.

 There must be no negligence on the part of the party sustaining any loss or damage or being
deprived of any land or interest in order to avail the remedy of recovery from the assurance
fund.

 An action for compensation against a assurance fund must be brought within 6 years fro the
time the right to bring such action first occurred.
INDISPENSABLE PARTY IN RECOVERY FROM ASSURANCE FUND: must be filed against the Register of
Deeds.
- The person who bring actions for recovery from assurance fund must be filed by a person who is
the registered owner of the land and must be an innocent purchaser in good faith and for value.

 Breach of trust is not a ground for a claim against assurance fund whether express, implied or
constructive.

ANNULMENT OF JUDGMENT OR FINAL ORDERS AND RESOLUTION:

- An original remedy under Rule 47 of the RC. It is a remedy extraordinary in character
and will not so easily and readily lend itself to abuse by parties aggrieved by final judgment.

- Is a remedy in law independent of the case where the judgment sought to be annulled
was rendered.
PURPOSE: is to have the final and executor judgment set aside so that there will be a renewal of
litigation.

- allowed only where the ordinary remedies of new trial, appeal, petition for relief or
other appropriate remedies are no longer available through no fault of the petitioner.

GROUND FOR ANNULMENT OF JUDGMENT WHEN TO FILE

1. Extrinsic fraud – within 4 years from its discovery
2. Lack of jurisdiction or denial of due process – before it is barred by laches or estoppel.

 If the judgment sought to be annulled is still on appeal or under review by higher court, it
cannot be regarded as final, and there can be no renewal of litigation because the litigation is
actually still open and on –going.

EFFECT OF JUDGMENT OF ANNULMENT: shall set aside the questioned judgment or final order ore
resolution and render the same null and void, without prejudice to the original action being refilled in
the proper court.

CRIMINAL PROSECUTION: The state may criminally prosecute for perjury the party who obtains
registration through fraud, such as stating false assertion in the application for registration, sworn
answer required of applicants in cadastral proceedings or application for public land patent.

APPEAL FROM JUDGMENT – The judgment and orders of the court hearing the land registration case
are appealable to the CA or the SC.

 An appeal maybe taken from a judgment of final order that completely disposes of the case, or
of a particular matter therein when declared by the RC to be appealable.

KINDS OF APPEAL:
1. Ordinary appeal – within 15 days from notice of judgment or final order.
2. Petition for review under Rule 42- within 15 days from notice of judgment
3. Appeal by certiorari under Rule 45

 When record on appeal is required, the appellant shall file a notice of appeal and a record of
appeal within 30 days from the notice of judgment of final order.

NEYEPES RULE / DOCTRINE – fresh period rule

 INNOCENT PURCHASER FOR VALUE
IINOCENT PURCHASER FOR VALUE- one who buys the property of another without notice that’s some
other person has a right to or interest in it, and who pays a full and fair price at the time of the purchase
or before receiving any notice of another person’s claim.

CONDITIONS OF GOOD FAITH:

1. The seller is the registered owner of the land
2. The latter is in possession
3. At the time of the sale, the buyer was not aware of any claim, or interest of some other person
in the property or of any defect or restriction in the title of the seller or in his capacity to convey title to
the property.

OBLIGATION OF A BUYER OF A LAND:

1. The payment of the consideration.
2. The performance of such first obligation in good faith.

 Bad faith must be established by competent proof by the party alleging the same.

PURCHASER IS NOT REQUIRED TO EXPLORE FURTHER THAN WHAT THE TITLE INDICATES FOR HIDDEN
DEFECTS: every person dealing with registered land may safely rely on the correctness of the certificate
of title and is no longer required to look behind the certificate on order to determine the actual owner
for registration is the operative act that binds the property.

GENERAL RULE: Where there is nothing in the certificate of title to indicate any cloud or vice in the
ownership of the property, or any encumbrances thereon, the purchaser is not required to explore
farther than what the Torrens title upon its face indicates in quest for any hidden defect or in choate
right that may subsequently defeat his right thereto.
EXCEPTION: when the party has actual knowledge of facts and circumstances that would impel a
reasonable cautious man to make such inquiry or when the purchaser has some knowledge of a defect
or the lack of tile in his favor or of sufficient facts to induce a reasonably prudent man to inquire into the
status of the title of the party in litigation.

 A purchase who has knowledge of defect of his vendor’s title cannot claim good faith as against
the true owner of the land or of any interest therein.

 As between 2 persons in good faith and both innocent of any negligence, the law must protect
and prefer the lawful holder of registered the transferee of a vendor bereft of any transmissible
right.

 A person dealing with registered land is only charged with notice of the burdens on the property
which are noted on the face of the register or the certificate of title.

• One who purchases real property which is in the actual possession of others should, at least
make some inquiry concerning the rights of those in possession.

CAVEAT EMPTOR (BUYER BEWARE) – requires the purchaser to be aware of the supposed title of the
vendor and one who buys without checking the vendor’s titles takes all the risks and losses
consequently to such failure.

RULE OF GOOD FAITH EQUALLY APPLIES TO MORTGAGEES OF REAL PROPERTY:

- Where the Torrens tile was issued as a result of a regular land registration proceedings and was
in the name of the mortgagor when given as a security for a bank loan, the subsequent declaration of
said title as null and void is not a ground for nullifying the mortgage rights of the bank which acted in
good faith.
BURDEN OF PROOF: the burden of proving the status of a purchaser in good faith lies upon the one who
asserts that status and this onus probandi cannot be discharged by mere invocation of the legal
presumption of good faith.

RULE ON DOUBLE SALE: If sold to 2 different vendees

1. Movable: ownership shall be transferred to the person who have first taken possession in good
faith.
2. IMMOVABLE: ownership shall belong to the person acquiring it who in good faith first recorded
it in the registry of property.
3. NO ISNCRIPTION: ownership shall pertain to the person who in good faith was first in
possession; in the absence thereof, to the person who presents the oldest title, provided there
is good faith.

RULE ON DOUBLE SALE OF IMMOVABLE PROPERTY

1. The first registrant in good faith
2. Then, the first possessor in good faith
3. The buyer who in good faith presents the oldest tile.

PRINCIPLE OF “PRIOR EST TEMPORAE, PRIOR EST IN JURA” – he who is first in time is preferred in right.
- The only one who can invoke this is the first vendee.

 The principle of first in time, stronger in right gains greater significance in case of double sale of
immovable property. When the first thing sod twice is an immovable property, the one who
acquires it and first records it in the registry of property, both made in good faith, shall be
deemed the owner. However, such registration must be made in good faith.