REMEDIES AVAILABLE TO AGGRIEVED PARTIES IN REGISTRATION CASES
NEW TRIAL
New Trial- remedy preparatory to an appeal.
Sec 30 PD1529- The judgment in a land
registration case becomes final upon the
expiration of 15 days to be counted from the
date of receipt of notice of judgment.
w/in period for perfecting appeal the
aggrieved party may :
- move the trial to be set aside the judgment
and grant a new trial
Grounds
F- fraud ( extrinsic / direct)
A- ccident
M-istake
E-xcusable negligence
2. Newly discovered evidence- w/c if
presented would probably alter the result
3. Insufficiency of the evidence to justify the
decision or that the decision is against the law
Period of Filing:
Within 15 days for perfecting an appeal
A new trial may be granted upon:
1. Motion of the party
2. On the Judge’s motion- the evidence was
insufficient to justify his decision or that his
decision was against the law
Granting of MNT- an act of discretion of the
trial court, its action is not appealable- except
there is abuse of discretion
Effects of filing
1. The filing of MNT- suspends the running of
the period of appeal and the time employed
by the court in deciding the MNT of a party
desiring to appeal from an adverse judgment
should not be counted against him.
MNT shall includes all grounds then available,
those not included- deemed waived
2nd MNT- based on a ground not existing nor
available when the 1st MNt was made, may be
filed w/in the time provided excluding the time
during w/c the 1st motion have been pending.
When any of these conditions does not exist-
2nd MNT denied.
Filing of MNT is authorized even in the
Appellate Courts
- before the final or judgment rendered by the
CA becomes executory, MNT may be filed on
the ground of newly discovered evidence
APPEAL
The judgment and order of the court hearing the
land registration case are appealable to the CA
or SC.
The Rules of Court= not inconsistent with PD
1529 = applicable to land registration cases by
analogy or in a suppletory character and
whenever practicable and convenient.
The notice of appeal shall:
1. specify the parties to the appeal
2. designate the judgment or order, or
part appealed from
3. specify the court to which the appeal is
taken
Who may interpose an appeal
Before his appeal may be properly entertained:
The appellant must show that his rights or
interests have been prejudiced by the decisions
appealed from.
But, if he did not challenge the application for
registration or participate in the proceedings nor
did he file an adverse claim= he will not be
entitled to interpose appeal
Where an adverse claimant appealed alleging
that the property involved in the proceedings
pertained to the public domain=SC held: that
adverse party has no interest in the property and
had no reason to appeal
Except on questions on jurisdiction, no question
will be entertained on appeal unless it has been
raised in the court below and it is w/in the issues
made by the parties in their pleadings.
Motion to intervene Improper
Sec14 and 25 of PD1529= only parties Land
Registration are the applicant and the oppositor.
To FILE a MOTION to INTERVENE= ERROR
PROPER PROCEDURE is=
1. Ask for the lifting of the order of
general default
2. If lifted, to file an opposition to the
application of the applicant
Reason: Proceedings in land registration are IN
REM and Not in personam, the sole object being
the registration applied for; and not the
determination of any right not connected with the
registration.
When judgment of Registration becomes
final
1. When no appeal is taken from a
judgment of confirmation and
RELIEF FROM JUDGMENT
When a judgment or order is entered, against a
party in RTC, through FAME, he may file a petition
in such court and in the same cause praying that
the judgment order or proceeding be set aside.
The limitation in the period of filing is absolute
and the failure to meet either period is a
ground for denying the petition.
Grounds:
Fraud
Accident
Mistake
Excusable Negligence
Period of Filing:
60 days after the petitioner learns of the judgment
or other proceeding to be set aside and not more
than
6 months after such judgment or order was
entered
Requisites:
1. There must be showing of alleged FAME
2. Facts constituting the petitioner’s good
and substantial cause of action or
defense.
Remedy of Relief is PROPER
The remedy of relief from judgment is applicable to
land registration cases, if the petition is filed
within the time provided for filing and the
decree of registration has not yet been issued.
The Petition for Relief is appropriate remedy only
if the order of judgment complained of has
already become final and executory
Remedy of Relief COULD NOT BE AVAILED
OF:
1. The petition although filed w/in 60 days
after the party has learned of judgment,
but beyond 6 months after the entry of
such judgment or order or proceeding.
2. The decree of registration has already
been issued.
3. A party who has filed a timely MNT
cannot file a petition for relief after his
MNT has been denied. (MNT and
Petition for Relief are exclusive of each
other).
The denial of a Petition for relief is Subject to
Appeal.
In determining WON the denial of the petition for
relief filed in RTC shall be sustained or reversed,
the appellate court shall be apprised of the merits
of the case of the party that assails such denial.
which could not have been discovered prior to
the trial in the court below by the exercise of
due diligence and w/c would probably change
the result.
Effects of Granting a New Trial
1. The original judgment is vacated
2. The action shall stand for trial de
novo
3. The recorded evidence taken upon
the former trial so far as the same is
material and competent to establish
the issues, shall be used at the new
trial w/o retaking the same.
Effects of Filing Motion for
Reconsideration
When MR is filed and is based on the ground
that the judgment is against the law or that it
is not supported by the facts of the case= has
the character of MNT= suspends the running
of the period of appeal.
registration
2. IF APPEALED either to RTC or SC,
the judgment becomes final when it is
affirmed by a final judgment of the
appellate court.
Execution Pending Appeal NOT APPLICABLE
in Land Registration Proceeding- it has
dangerous consequence like innocent
purchasers may be misled into buying real
properties upon reliance on a judgment which
may be reversed on appeal.
A Torrens Title issued on the basis of a judgment
that is not final is nullity, violative of the explicit
provisions of Land Registration Act which
requires that a decree shall be issued only after
the decision adjudicating the title becomes final
and executory.
They should be able to show that the judgment
that they complain of is “ not supported by the
evidence or is contrary to law”.
Void Judgment may be assailed at any time
either directly or collaterally by means of a petition
filed in the same case or by a separate action or
by resisting such judgment in any action or
proceeding wherein it is invoked.
The ff can be assailed anytime:
1. Court has no jurisdiction
2. Grounds not provided by law
3. The judgment favors parties who are not
privies to the case.

If MR is resolved against the movant= filed

MNT based on the same grounds= will no
longer suspends the running of the period of
appeal.

Period for filing of MR may be extended by

the Court
- court’s power and discretion to issue an
order extending the period to file MR= motion
for extension to file MNT or MR= does not
stop the running of the period of appeal.
 REMEDIES AVAILABLE TO AGGRIEVED PARTIES IN REGISTRATION CASES
REVIEW OF JUDGMENT
It is a Petition for Review of Judgement if:
1. The right to file a petition for
“Relief of Judgment” has
expired- because it is after 60
days from the time the petitioner
learns of the judgment and
beyond 6 months after such
judgment has been entered.
2. The remedy of decree of
registration cannot be availed of
– because decree has not been
issued yet, so no decree to be
reviewed.
Ground:
ONLY Actual Fraud-
REVIEW OF DECREE OF REGISTRATION
Available to WHOM:
- to an aggrieved party who has been deprived of
land or any estate or interest therein by decree of
registration and the only ground is actual fraud.
WHERE TO FILE:
RTC of the city or province where the land lies
WHEN not available:
1. Upon the expiration of period of 1 year from the
date the date of entry of the decree, said decree
or certificate of title becomes incontrovertible.
2. If the property has been transferred to an
Innocent Purchaser for value, the petition for
review of decree shall not lie.
Grounds:
FRAUD must be ACTUAL and EXTRINSIC
under SECTION 32 of PD 1529.
1. Actual Fraud- intentional omission of a fact
required by law to be stated in the application or
willful statement of a claim against the truth. The
fraud must be proved as of a time of or prior to
the judicial action and not subsequent thereto.
Examples of Actual Fraud
1. An intention to deprive another his right
2. To knowingly omit or conceal a fact,
upon w/c benefit is obtained to the
prejudice of a third person.
3. Deliberate misrepresentation that the
lots are not contested when in fact they
are
4. intentionally concealing facts and
conniving with the land inspector to
include in the survey plan the bed of
navigable stream
5. deliberately failing to notify the party
entitled to notice
6. inducing him not to oppose the
application
7. misrepresenting about the identity of
the lot to the true owner by the
applicant causing the former to
withdraw his opposition
Does not constitute Actual fraud
1. the lack or actual notice or knowledge
of the pendency of the proceedings does
not itself establish fraud
2. Absence and minority- cannot be
ground for review
Extrinsic or Collateral Fraud
- calculated to deprive an interested party of his
day in court, thus preventing him from asserting
his right to the property registered in the name of
the applicant.
- fraudulent scheme executed by the prevailing
litigant “outside the trial of a case against the
defeated part, or his agents, attorneys or
witnesses, whereby defeated party is prevented
RECONVEYANCE OF PROPERTY
RECONVEYANCE- an action seeking to transfer
or reconvey the land from the registered owner
- an action IN PERSONAM and is always available
so long as the property has not passed to an
innocent purchaser for value.
- judgment therein is binding only upon the parties
properly impleaded and duly heard or given an
opportunity to be heard.
After 1 year from the date of decree, the SOLE
REMEDY of the land owner whose property has
been wrongfully or erroneously registered in
another’s name is:
1. NOT to set aside the decree, but respecting
the decree as incontrovertible and no longer open
to review
2. IS to bring an ordinary action in the ordinary
court of justice for RECONVEYANCE
3. If the Property has passed into the hands of an
innocent purchaser for value, for DAMAGES
Grounds:
1. FRAUD - prescriptive period is 4 years from the
discovery of fraud (deemed to have taken place
from the issuance of the OCT)
- fraud in section 53 of PD 1529- the person who
obtains a certificate of title in his name over the
land belonging to another must be presumed to
have had full knowledge of the rights of the true
owner
Or- the applicant includes in his application
through mistake the land belonging to another and
succeeds in registering the same in his name but
has not taken possession thereof nor held it
adversely against the true owner.
2. IMPLIED OR CONSTRUCTIVE TRUST-
prescriptive period is 10 years from the issuance of
OCT or TCT
Except: if the person enforcing the trust is in actual
possession of the property because in effect he is
seeking to quiet the title to the same which is
IMPRESCRIPTIBLE
The breach of trust contemplated in the law which
would warrant the reconveyance of a registered lot
by the registered owner in favor of the aggrieved
party, must be such trust which creates fiduciary
relation, and proof the fiduciary relation must be
clear and convincing.
If the property is acquired through mistake or
fraud, the person obtaining it is, by force of law,
considered a trustee of an implied trust for the
benefit of the person from whom the property
comes .
3. EXPRESS TRUST- not barred by prescription
4. VOID CONTRACT- imprescriptible.

May a party who has been a victim of actual
fraud file a petition for review, before the
actual entry or issuance of the decree of
registration?
YES.
The losing claimant may file a petition for
review on the ground of actual fraud even
before the entry or issuance of a decree.. HE
will not be required to wait for the decree of
registration to be issued by the NALTDRA.
It was held that A petition for review under
section 32 of PD 1529 may be filed at
anytime after the expiration of 6 months
from entry of the court’s decision and before
the expiration of one year from entry or
issuance of the final decree of registration.
from presenting fully and fairly his side of the case
in court.
Intrinsic Fraud
- acts of a party in a litigation during the trial, such
as the use of forged instruments or perjured
testimony, which did not affect the presentation of
the case, but did not prevent a fair and just
determination of the case.
Examples of intrinsic fraud which would be
underscore a denial of relief
1. The fraud consisted in the presentation
at the trial of a supposed forged
document
2. or a false testimony
3. on in basin the judgment on a
fraudulent compromise agreement
4. fraudulent acts or omissions of the
counsel which prevented the petitioner
from properly presenting the case.
The persons contemplated under Section 32 of
PD 1529- are those who were fraudulently
deprived of their opportunity to be heard in
the original registration case.
2. Fatal infirmity in the decision for want of
due process
3. Lack of Jurisdiction
Period of Filing: Period of Filing:
Within one (1) year after the date of entry of the May be filed even after the lapse of 1 year from the
decree of registration; provided, no innocent entry of the decree of registration as long as the
purchaser for value has acquired an interest property has not been transferred or conveyed to
therein. an innocent purchaser for value.
The one year period must commence from the
actual date of issuance of the decree by said
office and not from the date of the order of the
court directing the issuance of said decree.
Requisites: Requisites:
1. The petitioner has a real and dominical 1. Clear and convincing evidence of title to the
right (owner of the said property or interest property
therein)
2. He has been deprived thereof 2. Fact of fraud committed by the party who
3. Through actual fraud registered the property in his / her name.
4. The petition is filed within 1 year from
the issuance of the decree Who may file it:
5. That the property has not yet been
transferred to an innocent purchaser for value The person who is deprived of his property by
fraud whether actual or constructive, and who was
not at fault
Who is an innocent purchaser

1. a purchaser who acquired the property

for a valuable consideration not knowing that
the title of the vendor or grantor was defective
or void
2. one who buys the property of another
without notice that some other persons has a
right to or interest in such property and pays a
full and fair price for the same
3. It includes, an innocent lessee,
mortgagee or other encumbrances for value

The concept of Innocent Purchaser COMES

INTO PLAY- where the original certificate of
registration was valid and the land in question
was properly brought under the operation of
Torrens System

IT CANNOT COME INTO PLAY- where the land

in question was never brought under the
operation of the Torrens Title.
-here the defenses of Indefeasibility of title,
prescription and laches cannot be properly
invoked

The one who succeeds in interest of another by Once a title is registered, the owner may rest
way of a certificate of title acquires no rights assure, w/o necessity of waiting in the portals of
better than his predecessor. the court or sitting in the miradur su cases to avoid
the possibility of losing his land

It is settled that, a person dealing with

registered land has the right to rely upon the
face of the Torrens title and to dispense with
the trouble of inquiring further except when the
party concerned has actual knowledge of facts
and circumstance that would impel a reasonably
cautious man to make inquiry.

Should everyone dealing with a titled property

would have to check on the validity or invalidity of
the original certificate of title would wreak havoc
and impair public confidence on the Torrens Title
The Doctrine that a forged instrument may
become the root of a valid title cannot be
applied where the owner still holds a valid and
existing certificate of title covering the same
interest in a realty.

But the doctrine can be applied – when the

forger thru insidious means obtains the owner’s
duplicate certificate of title, converts it in his
name, and subsequently sells or otherwise
encumbers it to an innocent holder for value, for
in such a case the new certificate is binding upon
the owner.

Collateral Attack on the Decree and Title Not

Allowed

The Settled Rule— A decree of registration and

the certificate of title issued pursuant thereto may
be attacked on the ground of actual fraud w/in 1
year from the date of its entry.

Such an attach must be DIRECT and not by a

COLLATERAL proceeding.

DIRECT ATTACK- against a judgment is made

through an action or proceeding the main object
of which is to annul, set aside, or enjoin the
enforcement of such judgment, if not yet carried
into effect, or if the property has been disposed
of, the aggrieved party may sue for recovery.

COLLATERAL ATTACK- made when, in another

action to obtain a different relief, an attack on the

REMEDIES AVAILABLE TO AGGRIEVED PARTIES IN REGISTRATION CASES
ACTION TO QUIET TITLE
-An action brought to remove the clouds on
the title to real property or any interest
therein by reason of any instrument, record,
claim, encumbrance or proceeding which is
apparently valid or effective but is in truth
and in fact, invalid, ineffective, voidable or
unenforceable and may be prejudicial to said
title.
Aside from the registered owner, a person
who has an equitable right or interest in the
property likewise file such action
Prescriptive period
Imprescriptible if plain
in possession; if not, must
be brought within 10 year
from loss of possession
judgment is made as an incident in said action.
This is proper only when the judgment is null and
void and the court has no jurisdiction.
The remedy of the person, when the period for
review expires:
To bring an ordinary action in the ordinary court of
justice for RECONVEYANCE
OR
If the property has passed into the hands of an
innocent purchaser for value---- DAMAGES
DAMAGES ASSURANCE FUND
The SOLE REMEDY of the LANDOWNER if:
1. property has been wrongfully or erroneously
registered in another’s name- after the lapse of 1
year from the date of the decree
2. No longer open for review to bring an ordinary
action in the ordinary court of justice for
reconveyance because
3. the property has passed into the hands of an
innocent purchaser for value
IS TO BRING AN ACTION FOR DAMAGES
An action for recovery of damages may be
instituted simultaneously or as part of an
action for Reconveyance.
However, if the property sought to be conveyed
has passed unto the hands of innocent purchaser
for value, the action for reconveyance would not
lie, and the ONLY remedy is an action for
DAMAGEs.
REQUISITES:
1. The person is wrongfully deprived of his land
by the registration in the name of another of the
land by actual or constructive fraud
2. There was no negligence on his part
3. He is barred or in anyway precluded from
bringing an action for recovery of the land
4. The action for compensation has not
prescribed.