UNIVERSITY OF NEGROS OCCIDENTAL-RECOLETOS

SCHOOL OF LAW
unorlawschl@gmail.com

CHAPTER 5
LAND TITLES AND DEEDS
(REMEDIES AVAILABLE TO AGGRIEVED
PARTIES IN LAND REGISTRATION CASES)

Compiled by: Cabigon, Ma. Tiffany T.

 9 REMEDIES
NEW TRIAL NATURE (RULE 37 OF RULES OF
COURT)
MOTION FOR A new trial is described as a new
RECONSIDERATION invention to temper the severity of
judgment or prevent a failure of
ORDINARY APPEAL justice.

RELIEF FROM JUDGMENT PERIOD TO FILE

Should be filed within 15 days
REVIEW OF DECREE OF from the date of the receipt of
REGISTRATION Notice of Judgment (Decision),
otherwise, the judgment becomes
RECONVEYANCE final and executory.
ACTION TO QUIET TITLE
GROUND FOR NEW TRIAL (RULE 37,
DAMAGES SEC. 1, SUB PAR. (A) AND (B)
- a) Fraud, Accident, Mistake, and
CLAIM FOR ASSURANCE Excusable Negligence (FAME)
FUND - b) Newly discovered evidence
 EFFECTS OF PRO-FORMA MOTION
NEW TRIAL
A Pro-Forma for new trial or
reconsideration does not toll the
MOTION FOR reglementary period to appeal and
RECONSIDERATION the judgment or order becomes final
and executory. (Marina Properties
ORDINARY APPEAL Corporation vs. CA, 29 SCRA 273,
1998)
A motion for reconsideration which
RELIEF FROM JUDGMENT is pro-forma does not stay the period
for taking an appeal. (Marikina
REVIEW OF DECREE OF Valley Development Corporation vs.
REGISTRATION Flojo, 251 SCRA 87, 1995)

ACTION MAY BE TAKEN BY THE COURT

RECONVEYANCE (SECTION 3, RULE 37)
1. Set aside the Judgment or Final
ACTION TO QUIET TITLE Order and Grant a New Trial (Trial
de Novo)
DAMAGES 2. Deny the Motion
3. Amend the judgment, if the court
CLAIM FOR ASSURANCE finds that excessive damages have
FUND been awarded or it is contrary to law
or evidence.
NEW TRIAL
PROCEDURES AND FORMS
MOTION FOR 1. File a Motion for New Trial stating
RECONSIDERATION the ground or grounds.
2. Notice shall be served by the
ORDINARY APPEAL movant to the adverse party.
3. Affidavit or Affidavits of Merit
RELIEF FROM JUDGMENT shall be attached for FAME (Rule
37, Section 2)
4. Affidavit of Witnesses or
REVIEW OF DECREE OF
Authenticated Documents which
REGISTRATION
are proposed to be introduced for
Newly Discovered Evidence (Rule
RECONVEYANCE 37, Section 2)

ACTION TO QUIET TITLE EFFECT OF NON-COMPLIANCE WITH

SECTION 37
DAMAGES The Motion for New Trial or
Reconsideration shall be considered
as PRO-FORMA.
CLAIM FOR ASSURANCE
FUND
NEW TRIAL WHAT IS THE MEANING OF PRO-FORMA?
Pro-forma, literally means a matter of
MOTION FOR form. It is a Motion for New Trial or
RECONSIDERATION Reconsideration which does not
comply with the Requirements of
Rule 37.
ORDINARY APPEAL
Flojas v. Gozo-Dadole, 192 SCRA 575, 1990
When the motion does not show
RELIEF FROM JUDGMENT
proof of service upon the adverse
party and contains no notice of
REVIEW OF DECREE OF hearing.
REGISTRATION
Dapin V. Dionaldo, 209 SCRA 32, 1992
RECONVEYANCE When the Motion for New Trial based
on fraud, accident, mistake, or
ACTION TO QUIET TITLE excusable negligence is not supported
by affidavit of merit or the motion for
new trial in based on newly
DAMAGES
discovered evidence is not supported
by affidavits or authenticated
CLAIM FOR ASSURANCE documents which would qualify said
FUND evidence as newly discovered.
NEW TRIAL

MOTION FOR
RECONSIDERATION PERIOD FOR THE COURT TO RESOLVE
THE MOTION
Section 4, Rule 37- A motion for
ORDINARY APPEAL
new trial or reconsideration shall be
resolved within thirty (30) days
RELIEF FROM JUDGMENT from the time it is submitted for
resolution.
REVIEW OF DECREE OF
REGISTRATION REMEDY AGAINST DENIAL OF MOTION
Section 9, Rule 37- An order
RECONVEYANCE denying a motion for new trial or
reconsideration is not appealable,
the remedy being an appeal from
ACTION TO QUIET TITLE
the judgment or final order.
(Remedy No. 4)
DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL

MOTION FOR MEANING OF TRIAL DE NOVO

RECONSIDERATION Trial de Novo means trial anew or
the second time.

ORDINARY APPEAL When a new trial is granted, the

original judgment is vacated and the
RELIEF FROM JUDGMENT action stands for trial de novo and
case is reverted back to its status
REVIEW OF DECREE OF prior to the promulgation of the
REGISTRATION judgment. (NC v. CA, 218 SCRA 41,
1991)

RECONVEYANCE The recorded evidence taken upon

the former trial, in so far as the
ACTION TO QUIET TITLE same is material and competent to
establish the issues, shall be used at
DAMAGES a new trial without retaking the
same. (Section 6, Rule 37)
CLAIM FOR ASSURANCE
FUND
NEW TRIAL

NATURE OF MOTION FOR

MOTION FOR
RECONSIDERATION
RECONSIDERATION
A motion for reconsideration or
motion to reconsider is a legal filing
ORDINARY APPEAL which someone can make to ask a
court to review a decision and
RELIEF FROM JUDGMENT consider issuing a new decision on
light of the review.
REVIEW OF DECREE OF
REGISTRATION GROUNDS FOR MOTION FOR
RECONSIDERATION
1. Damages awarded are excessive.
RECONVEYANCE 2. Evidence is insufficient to justify
the decision of final order.
ACTION TO QUIET TITLE 3. Decision is contrary to law.

DAMAGES PROCEDURES AND EFFECTS

Same as in New Trial (Rule 37)
CLAIM FOR ASSURANCE
FUND
NEW TRIAL

MOTION FOR NATURE OF APPEAL (RULE 41 OF RULES

RECONSIDERATION OF COURT)
Appeal means an elevation by an
ORDINARY APPEAL aggrieved party of any decision or
award of a lower body to higher
body by means of a pleading which
RELIEF FROM JUDGMENT
includes the assignment errors,
arguments in support thereof and
REVIEW OF DECREE OF the reliefs prayed for. (Aba v. NLRC,
REGISTRATION 311 SCRA 424, 1999)

RECONVEYANCE MODES OF APPEAL (SECTION 2, RULE 41)

1. Ordinary Appeal.
2. Petition for Review in accordance
ACTION TO QUIET TITLE
with Rule 42.
3. Appeal by Certiorari in accordance
DAMAGES with Rule 45.

CLAIM FOR ASSURANCE

FUND
NEW TRIAL

MOTION FOR
RECONSIDERATION
PERIOD OF ORDINARY APPEAL (SECTION
3, RULE 41)
ORDINARY APPEAL The appeal shall be taken within
fifteen (15) days from notice of the
RELIEF FROM JUDGMENT judgment or final order appeal from.

REVIEW OF DECREE OF DISMISSAL OF APPEAL (SECTION 13,

REGISTRATION RULE 41)
The trial court may, motu proprio
or on motion, dismiss the appeal for
RECONVEYANCE
having been taken out of time or for
non-payment of the docket and
ACTION TO QUIET TITLE other lawful fees within the
reglementary period.
DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL

MOTION FOR NATURE (RULE 38)

RECONSIDERATION The Petition for relief is available
only after a decision or final order
from which relief is sought has
ORDINARY APPEAL become final and executory [Garcia
v. CA, 202 SCRA 228 (1991)] or loss
RELIEF FROM JUDGMENT of the right to appeal [David v. CA,
214 SCRA 644 (1992)]
REVIEW OF DECREE OF
REGISTRATION GROUNDS (SECTION 1, RULE 38)- FAME
The relief provided for is of
equitable character, allowed only in
RECONVEYANCE exceptional cases as when there is
no other available only in
ACTION TO QUIET TITLE exceptional cases as wen there is no
other available or adequate remedy.
DAMAGES [Ibabao v. IAC, 150 SCRA 76
(1987)]
CLAIM FOR ASSURANCE
FUND
NEW TRIAL PERIOD FOR FILING PETITION
A verified Petition must be filed
MOTION FOR within sixty (60) days after the
RECONSIDERATION petitioner learns of the judgment,
final order, or other proceeding to
be set aside and not more than six
ORDINARY APPEAL (6) months after such judgment or
final order was entered, or such
RELIEF FROM JUDGMENT proceeding was taken, and must be
accompanied with affidavits
REVIEW OF DECREE OF showing the fraud, accident,
REGISTRATION mistake, or excusable negligence
relied upon, and the facts
constituting the petitioners good
RECONVEYANCE and substantial cause of action or
defense.
ACTION TO QUIET TITLE
First Integrated Bonding and Ins. Co. Inc.
DAMAGES v. Hernando, 199 SCRA 796 [1991]
The period are non-extensible and
CLAIM FOR ASSURANCE never interrupted, they are not
FUND subject to a condition or
contingency.
NEW TRIAL Preliminary Injunction Pending
Proceedings
MOTION FOR The court in which the petition is
RECONSIDERATION filed may grant such preliminary
injunction as may be necessary for
ORDINARY APPEAL the preservation of the rights of the
parties, upon the filing by the
petitioner of a bond in favor of the
RELIEF FROM JUDGMENT
adverse party, conditioned that if the
petitioner is dismissed or the
REVIEW OF DECREE OF petitioner fails on the trial of the
REGISTRATION case upon its merits, he will pay the
adverse party all damages and cost
RECONVEYANCE that may be awarded to him by
reason of the issuance of such
injunction or the other proceedings
ACTION TO QUIET TITLE
following the petition, but such
injunction shall not operate to
DAMAGES discharge or extinguish any lien
which the adverse party may have
CLAIM FOR ASSURANCE acquired upon, the property, of the
FUND petitioner.
NEW TRIAL

MOTION FOR
RECONSIDERATION

REMEDY IN CASE OF DENIAL PETITION

ORDINARY APPEAL Rule 41 Section 1 provides that
such order is no longer subject to
RELIEF FROM JUDGMENT appeal.

REVIEW OF DECREE OF This does not mean that the

REGISTRATION aggrieved party has no remedy at
all. The remedy of an aggrieved
party is a petition for certiorari
RECONVEYANCE under Rule of the Rules of Court.

ACTION TO QUIET TITLE

DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL NATURE AND GROUNDS
This remedy is available to an
MOTION FOR aggrieved party who has been deprived
RECONSIDERATION of land or any estate or interest therein
by decree of registration and the only
ground that may be involved for this
ORDINARY APPEAL purpose is actual fraud.

RELIEF FROM JUDGMENT Actual Fraud- intentional omission of a fact

required by law to be stated in the application
REVIEW OF DECREE OF or a willful statement of a claim against the
REGISTRATION truth.

Estiva v. Alvero, 37 Phil 497 [1918]

RECONVEYANCE It is likewise fraud to knowingly omit
or conceal a fact, upon which benefit is
ACTION TO QUIET TITLE obtained to the prejudice of a third
person.
DAMAGES
Valmonte v. Villaroman, 52 Phil. 221 [1928]
CLAIM FOR ASSURANCE Absence and minority do not constitute
FUND actual fraud and cannot be ground for
a review of decree.
NEW TRIAL
Conditions justifying the review of
MOTION FOR decree
RECONSIDERATION 1) A land belonging to a person has
been registered in a name of another on
ORDINARY APPEAL an interest has been omitted in the
application.
RELIEF FROM JUDGMENT 2) The registration was procured through
actual fraud or that the omission in the
application of the interest of the third
REVIEW OF DECREE OF
person in the property is intentional.
REGISTRATION
3) The petitioner is the owner of said
property or interest.
RECONVEYANCE 4)The property has not been transferred to
an innocent purchaser for value.
ACTION TO QUIET TITLE 5) That the action is filed within one year
from the issuance of the decree of
DAMAGES registration.
6) The actual fraud must be perpetrated or
CLAIM FOR ASSURANCE utilized in the procurement of the decree
FUND and not thereafter.
NEW TRIAL
Period to File Petition
MOTION FOR Within one year after the date of
RECONSIDERATION entry of the decree, provided no
innocent purchaser for value has
acquired an interest therein.
ORDINARY APPEAL
Effects of Expiration of Reglementary
RELIEF FROM JUDGMENT Period
Upon expiration of said period of
REVIEW OF DECREE OF one year, every decree or certificate
REGISTRATION of title is issued in accordance
therewith becomes incontrovertible.

RECONVEYANCE A decree of registration binds the

land and quiets title thereto, is
ACTION TO QUIET TITLE conclusive upon all persons and
cannot be reopened or revived after
DAMAGES the lapse of one year after entry of
the decree (Ylarde vs. Lichauco, 42
CLAIM FOR ASSURANCE SCRA 641)
FUND
NEW TRIAL Conclusiveness of the Decree of
Registration
MOTION FOR A land registration proceeding is in
RECONSIDERATION rem, and therefore the decree of
registration is binding upon and
ORDINARY APPEAL conclusive against all person
including the government and its
branches, irrespective of whether or
RELIEF FROM JUDGMENT
not they were personally notified of
the filling of the application for
REVIEW OF DECREE OF registration or have appeared and
REGISTRATION filed an answer to said application,
because all interested parties are
RECONVEYANCE considered as notified by the
publication required by law.
(Sorongon vs. Makalintal, 80 Phil,
ACTION TO QUIET TITLE
259: See also Roxas vs. Enriquez, 20
Phil., 31; Alba vs De la Cruz,17
DAMAGES Phil., 49; Alcantara, et al. vs. De la
Paz,et al., 92 Phil., 769; Sepagan vs.
CLAIM FOR ASSURANCE Dacillo, 63 Phil., 412; Castelo vs.
FUND Director of Lands,48 Phil., 589.)
NEW TRIAL

MOTION FOR
RECONSIDERATION
REMEDY IN CASE OF DENIAL OR
ORDINARY APPEAL EXPIRATION OF ONE YEAR

If still in the hands of the original

RELIEF FROM JUDGMENT
registrant
To bring an ordinary action for
REVIEW OF DECREE OF RECONVEYANCE before the MTC or
REGISTRATION RTC

RECONVEYANCE If already sold to innocent buyer (buyer

in good faith)
ACTION TO QUIET TITLE Action for damages

DAMAGES

CLAIM FOR ASSURANCE

FUND
 NATURE OF ACTION FOR RECONVEYANCE
NEW TRIAL
It is an action in personam and is
already available so long as the
MOTION FOR property has not passed to an
RECONSIDERATION innocent third party for value.

ORDINARY APPEAL How to preserve a claim and to avoid the

property to pass to innocent third party
RELIEF FROM JUDGMENT The real owner in order to preserve
his claim may cause a NOTICE OF LIS
PENDENS to be annotated on the
REVIEW OF DECREE OF
certificate of title immediately upon
REGISTRATION
the institution of the action. (See
Ybanes vs. IAC, 1991, 194 SCRA
RECONVEYANCE 743)

ACTION TO QUIET TITLE PRESCRIPTIVE PERIOD

General Rule:
DAMAGES The prescriptive period for the
reconveyance of fraudulently
registered real property is ten (10)
CLAIM FOR ASSURANCE
years reckoned from the date of
FUND
issuance of the certificate of title.
NEW TRIAL PRESCRIPTIVE PERIOD
Exception :
MOTION FOR Where the plaintiff is in possession
RECONSIDERATION of the property in question and
derives title from his predecessor-in-
interest who had been in possession
ORDINARY APPEAL of the same property, an action for
quieting of title may be brought
RELIEF FROM JUDGMENT against any adverse claimants.
(Santos v. CA, 1990, 189 SCRA 550)
REVIEW OF DECREE OF
REGISTRATION STATUS OF THE REGISTERED OWNER
If the property is acquired through
mistake or fraud, the person
RECONVEYANCE obtaining it is, by force of law,
considered a trustee of an implied
ACTION TO QUIET TITLE trust for the benefit of the person
from whom the property comes.
DAMAGES (Art. 1456 of the Civil Code)

CLAIM FOR ASSURANCE An implied trust may be proved by

FUND oral evidence. (Article 1457, Civil
Code)
NEW TRIAL
NATURE OF QUIETING OF TITLE
MOTION FOR An action to quiet a title is a lawsuit
RECONSIDERATION filed to establish ownership of real
property (Land and Buildings affixed
to the land). The plaintiff in a quiet
ORDINARY APPEAL title action seeks a court order that
prevents the respondent from
RELIEF FROM JUDGMENT making any subsequent claim to the
property.
REVIEW OF DECREE OF
REGISTRATION A quiet title suit is also called a suit
to remove a cloud.

RECONVEYANCE What is Cloud in the Title

A cloud is any claim or potential
ACTION TO QUIET TITLE claim to ownership of the property.
The cloud can be a claim of full
DAMAGES ownership of the property or a claim
of partial ownership, such as a lien
CLAIM FOR ASSURANCE in an amount that does not exceed
FUND the value of the property.
NEW TRIAL

MOTION FOR
RECONSIDERATION
EXISTENCE OF A CLOUD
ORDINARY APPEAL
The cloud on title exist because:
RELIEF FROM JUDGMENT
1) Of an instrument or record or claim
REVIEW OF DECREE OF or encumbrance or proceeding ;
REGISTRATION 2) Which is apparently valid or effective ;
3) But is in truth and in fact, invalid,
RECONVEYANCE ineffective, voidable or unenforceable
or extinguished or barred by
extinctive prescription;
ACTION TO QUIET TITLE
4) And may be prejudicial to the title.
DAMAGES

CLAIM FOR ASSURANCE

FUND
 RIGHT OF THE PROPERTY OWNER TO HAVE
NEW TRIAL CLOUDS ELIMINATED
1) That their respective rights be
MOTION FOR determined;
RECONSIDERATION 2) Not only to place thing in their proper
places, to make the one who has no
right to said immovable respect and
ORDINARY APPEAL
not disturb the other ;
3) But also for the benefit of both;
RELIEF FROM JUDGMENT 4) So that he who has a right would see
every cloud of doubt over the property
REVIEW OF DECREE OF displaced;
REGISTRATION 5) And he who afterwards without fears
introduce that improvements he may
RECONVEYANCE desire, to use and even to abuse the
property as he deems best.
ACTION TO QUIET TITLE
REASON FOR ALLOWING THE ACTION
1) The prevention of litigation.
DAMAGES 2) The protection of the true title and
possession.
CLAIM FOR ASSURANCE 3) The promotion of the right and justice.
FUND N.B.: The nature of the action for quieting
of title is an action in personam
NEW TRIAL

MOTION FOR
RECONSIDERATION

DOES AN ACTION FOR QUIETING OF TITLE

ORDINARY APPEAL PRESCRIBE?
It depends.
RELIEF FROM JUDGMENT 1) If the plaintiff is in possession of the
property, the action doesnt prescribe.
REVIEW OF DECREE OF
REGISTRATION 2) If the plaintiff is not in possession of the
property, the action may prescribe. The
period would be either 10 or 30 years. It
RECONVEYANCE
may also be barred by laches .

ACTION TO QUIET TITLE

DAMAGES

CLAIM FOR ASSURANCE

FUND
NEW TRIAL NATURE OF REMEDY
1) Action for recovery of damages may
MOTION FOR be instituted simultaneous or as part
RECONSIDERATION of the prayer in action for
reconveyance.
2) If the property sought to be
ORDINARY APPEAL reconveyed is already in the
possession of an innocent purchaser
RELIEF FROM JUDGMENT for value, an action for reconveyance
would not life.
REVIEW OF DECREE OF
REGISTRATION WHAT TO BE ESTABLISHED?
1) The plaintiff is wrongfully deprive of
his land by registration in the name
RECONVEYANCE of another of the land by actual or
constructive fraud;
ACTION TO QUIET TITLE 2) That there was no negligence on his
part;
DAMAGES 3) He is barred or in anyway precluded
from bringing an action for recovery
CLAIM FOR ASSURANCE of the land or interest therein; and
FUND 4) The action for compensation has not
prescribed.