Ltd-remedies Available to the Aggrieved Party

7/31/2019 Ltd-remedies Available to the Aggrieved Party

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L a n d T i t l e s a n d D e e d s | 1

©Lara Carmela Fernando

REMEDIES AVAILABLE TO THE AGGRIEVED PARTY:

REMEDIES AVAILABLE BEFORE ENTRY OF THE DECREE

1. NEW TRIAL OR RECONSIDERATION If motion for new trial is granted: JUDGMENT IS SET ASIDE

If motion for reconsideration is granted: JUDGMENT MERELY

AMENDED

PERIOD OF FILING: within the 15-day period for perfecting the

appeal

GROUNDS (FAN)

a. Fraud, accident, mistake or excusable negligence which

ordinary prudence could have guarded against (FAME)

Fraud to be ground for nullity of a judgment

must be EXTRINSIC.

EXTRINSIC FRAUD INTRINSIC FRAUDrefers to any fraudulent act of the successful party in alitigation which is committedoutside the trial of the case

against the defeated party, orhis agents, attorneys orwitnesses, whereby saiddefeated party is preventedfrom presenting fully and fairlyhis side of the case.

refers to acts of a party in alitigation during the trial,such as the use of forgedinstruments or perjured

testimony, which did notaffect the presentation of the case, but did prevent afair and just determinationof the case.

ACCIDENT

Illness constitutes accident over

which a party has no control

MISTAKE

Is some unintentional act, omission,

or error arising from ignorance,

surprise, imposition or misplace

confidence

Ex. Belief that there is no need to

appear during the trial because there

was already a compromise agreement

is a ground for new trial

EXCUSABLE NEGLECT

means failure to take proper steps at

the proper time, not in consequence

of the party’s own carelessness,inattention of willful disregard of the

process of the court, but in

consequence of some unexpected or

unavoidable hindrance, accident or

reliance on the care and vigilance of

his counsel or promises made by the

adverse party

b. Award of excessive damages or insufficiency of the

evidence to justify the decision

c. Newly discovered evidence

2. APPEAL

PERIOD OF FILING: within 15 days from notice of the judgment or

final order appealed from; if record on appeal required, appellant

shall file a notice of appeal and a record on appeal within 30 days

from notice of judgment

Neypes vs CA

“ In case a motion for new trial or motion for

reconsideration of the decision is filed and the same is denied, the party litigant is given a fresh period of 15

days from receipt of the final order denying his motion

within which to file the notice of appeal.”

PERFECTION OF APPEAL:

NOTICE OF APPEAL is deemed perfected as to him upon the

filing of the notice of appeal in due time; court loses jurisdiction

over the case upon the perfection of the appeals filed in due

time and the expiration of the time to appeal of the other parties





RECORD ON APPEAL is deemed perfected as to him wrt the

subject matter thereof upon the approval of the record on

appeal in due time; court loses jurisdiction only over the subject

matter thereof upon approval of the records on appeal filed in

due time and the expiration of the time to appeal of the other

parties MODES OF APPEALS

a. Ordinary appeal- appeal to CA cases decided by RTC in the

exercise of its original jurisdiction

b. Petition for review- appeal to CA cases decided by RTC in

the exercise of its appellate jurisdiction

c. Appeal by certiorari- questions of law are raised or involved,

appeal to SC

REMEDY AVAILABLE AFTER JUDGMENT BECOMES FINAL BUT NOT LATER

THAN 6 MONTHS AFTER SUCH JUDGMENT WAS ENTERED

3. RELIEFS

NATURE: subsidiary remedy, i.e. may be availed only when the

judgment has become final and a new trial is not available

PERIOD OF FILING: Within 60 days after the petitioner learns of

the judgment, order , or proceeding and not more than 6 months

after such judgment or order was entered or such proceeding was

taken

A party who has filed a timely motion for new trial cannot

file a petition for relief after his motion has been denied

† RELIEF FROM JUDGMENT

GROUNDS:

When a judgment is entered against a party through fraud,

accident, mistake, or excusable negligence, such party may file a

petition in the court that rendered such judgment praying that

the said judgment be set aside

† RELIEF FROM DENIAL OF APPEAL

GROUNDS:

When a judgment or final order is rendered by any court in a

case and a party thereto by fraud, accident, mistake, or

excusable negligence, has been prevented from taking an

appeal, he may file a petition in such court and in the same case

praying that the appeal be given due course

REMEDY AVAILABLE WITHIN 1 YEAR AFTER ENTRY OF DECREE

4. PETITION FOR REVIEW OF DECREE OF REGISTRATION

GROUNDS: actual fraud in the procurement of the decree

PERIOD OF FILING: within 1 year from issuance of the decree by

the LRA

REQUISITES:

a. The petitioner must have an estate or interest in the land

b. He must show actual fraud in the procurement of the decree

c. Petition must be file within 1 year from issuance of the decree

d. The property has not yet passed to an innocent purchaser for

value It is petition for review of judgment when it is filed after rendition of

the decision but before the entry of the decree of registration; it is

petition for review of the decree when it is filed within the 1 year

period after such entry

A petition for review is a remedy separate and distinct from a motion

for new trial and the right to the remedy is not affected by the denial

of such motion

Date of issuance of patent is equivalent to the decree of registration

One the patent is granted and the corresponding certificate of t itle is

issued, the land ceases to be part of the public domain and becomes

private property over which the Director of Lands has neither control

nor jurisdiction

REMEDIES AVAILABLE AFTER THE CERTIFICATE OF TITLE BECOMES

FINAL

5. RECONVEYANCE

NATURE: is a legal and equitable remedy granted to the rightful

owner of 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; in personam

STATUTORY BASIS: Sec. 96 of PD 1529 states “ that nothing in

this Decree shall be construed to deprive the plaintiff of any action





which he may have against any person for such loss or damage or

deprivation without joining the National treasurer party defendant.”

REQUISITES:

a. 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 b. the registration of the land in the name of the defendant was

procured through fraud of other illegal means

c. the property has not yet passed to an innocent purchaser for

value

d. action is filed after the certificate of title 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

WHERE TO FILE ACTION:

RTC has exclusive original jurisdiction in all civil actions which

involve the title to or any interest in property where theassessed value thereof exceeds P20,000 or, in MM, where such

value exceeds P50,000

MTC has exclusive original jurisdiction over civil actions which

involve the title to or any interest in property where the

assessed value thereof does not exceed P20,000

QUANTUM OF PROOF: clear and convincing evidence

PRESCRIPTION OF ACTION:

a. Fraud

4 years from discovery of the alleged fraud

b. Implied trust

10 years from the date of the issuance of the OCT orTCT

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; implied or express

Implied trust- 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 intention of the parties

c. Void contract- imprescriptible

d. To quiet title where plaintiff is in possession-imprescriptible

e. Land acquired through land patents —state not bound byprescription

Laches may also bar recovery

6. QUIETING OF TITLE

NATURE: common law remedy for the removal of any cloud, doubt,

or uncertainty affecting title to real property

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 the effect, but can be shown by extrinsic proof to

be invalid or inapplicable to the estate in question

Cloud may be by reason of any instrument, record, claim,

encumbrance or proceeding which may be prejudicial to the title toreal property or any interest therein

This may also be availed of by person other than the registered

owner because “title” does not necessarily refer to OCT or TCT.

7. ACTION FOR DAMAGES

May be resorted to when a petition for review and an action for

reconveyance is no longer possible because the property has passed

to an innocent purchaser for value and in good faith

Prescribes in 10 years after issuance of Torrens title pursuant to art.

1144 of CC

8. ACTION FOR REVERSION Seeks to restore public land fraudulently awarded and disposed of to

private individuals or corporations to the mass of public domain

Objective: cancellation of the certificate of title and the resulting

reversion of land to the State

Instituted by the government thru the Solicitor General

GROUNDS:

a. Where lands of the public domain and the improvements

thereon and all lands are held in violation of the Constitution

b. In cases of fraudulent or unlawful inclusion of land in patents or

certificates of title





c. Alienations of land acquired under free patent or homestead

provisions in violation of sec 118, CA141

d. Conveyance made by non-christians in violation of sec. 120,

CA141

e. Alienation of lands acquired under CA 141 in favor of persons

not qualified under Secs. 121-123 9. CANCELLATION OF TITLE

Where 2 certificates are issued to different persons covering the

same land, the title earlier in date must prevail

The latter title should be declared null and void and ordered

cancelled

10. RECOVERY FROM THE ASSURANCE FUND

REQUISITES:

a. Any person who sustains loss or damage under the following

conditions:

(1) that there was no negligence on his part; and

(2) 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 duties under the

provisions of the PD 1529; or

b. Any person who has been deprived of any land or interest

therein under the following conditions:

(1) that there was no negligence on his part;

(2) That he was deprived as a consequence of the bringing of

his land or interest therein under the provisions of theProperty Registration Decree; or by registration by any

other person as owner of such land; or by mistake, omission

or misdescription in any certificate of owner ’ s duplicate, or

in any entry or memorandum in the register or other official

book or by any cancellation; and

(3) That he is barred or in any way precluded from bringing an

action for recovery of such land or interest therein, or claim

upon the same

PRESCRIPTION: 6 YEARS from time the right to bring such action

first occurred

Must be filed against the Register of deeds and the national treasurer

as defendants

Breach of trust not a ground for a claim against the Assurance Fund

(sec. 101, PD 1529)

11. ANNULMENT OF JUDGMENT

NATURE: an extraordinary remedy, equitable in character,

and allowed only in exceptional cases where the ordinary

remedies of new trial. appeal. petition for relief or other

appropriated remedies are no longer available thru no fault

of petitioner(UNDER RULE 47 OF THE RULES OF COURT)

GROUNDS:

a. Extrinsic fraud- 4 years prescription

b. Lack of jurisdiction- before it is barred by laches

The remedy may not be invoked where the party has availed himself of the remedy of new trial, appeal, petition for relief or other

appropriate remedy and lost, or when he has failed to avail himself of

those remedies thru his own fault or negligence

A person need not be a party to the judgment sought to be annulled,

and it is only essential that he can prove his allegation that the

judgment was obtained by the use of fraud and collusion and he

would be adversely affected thereby

12. CRIMINAL PROSECUTION

State may criminally prosecute for perjury the party who obtains

registration thru fraud such as by asserting false assertions in thesworn answer required of applicants in cadastral proceedings

Documents

Ltd-remedies Available to the Aggrieved Party