When to File

1 New Trial
A motion for new trial should be filed within the
period for taking an appeal. Hence, it must be filed
before the finality of the judgment. The period for
appeal is within 15 days after notice to the appellant
of the judgment or final order appealed from.
New trial is a remedy that seeks to temper the
severity of a judgment or prevent the failure of
justice.
2 Relief from Judgment
An equitable remedy that is allowed only in
exceptional cases when there is no other available or
adequate remedy.
A petition for relief from judgment, order or other
proceedings must be verified, filed within 60 days
after the petitioner learns of the judgment, final
order, or other proceeding to be set aside, and not
more than six (6) months after such judgment or final
order was entered, or such proceeding was taken; and
must be accompanied with affidavits showing the
fraud, accident, mistake, or excusable negligence
relied upon, and the facts constituting the petitioners
good and substantial cause of action or defense, as
the case may be (Sec. 3, Rule 38).
3 Appeal
Period of Ordinary Appeal under Rule 40. An appeal
may be taken (from MTC to RTC) within 15 days after
notice to the appellant of the judgment or final order
appealed from. When record on appeal is required,
the appellant shall file a notice of appeal and a record
on appeal with 30days from notice of the judgment or
final order.
Period of Ordinary Appeal under Rule 41). The appeal
shall be taken within 15 days from notice of the
judgment or final order appealed from. When record
on appeal is required, the appellant shall file a notice
of appeal and a record on appeal with 30days from
notice of the judgment or final order.
4 Petition for Review/Reopening
Any time after the rendition of the judgment or
decision of registration and before the expiration of
one year from the entry of the final decree.
5 Action for Reconveyance
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.
After one year from the issuance of the decree, may
bring action for reconveyance of the property.
6 Action for Damages
An action for damages should be brought within 10
years from the date of issuance of the questioned
certificate of title pursuant to Art. 1144 of the Civil
Code.
7 Action for Reversion
Only government, thru OSG, upon recommendation of
Director of Lands, may bring action for REVERSION of
free patent fraudulently issued.
8 Action against Assurance Fund
Action prescribes in 6 years from time plaintiff actually
suffered loss. If plaintiff is minor, insane or imprisoned
has additional 2 years after disability is removed to file
action notwithstanding expiration of regular period.
9 Annulment
If based on extrinsic fraud, the action must be filed
within 4 years from its discovery, and if it based on
lack of jurisdiction, before it is barred by laches or
estoppel.
10 Cancellation of Title
Initiated by a private property usually in a case where
there are two titles issued to different persons for the
same lot.
11 Quieting of Title
Quieting of title is a common law remedy for the
removal of any cloud upon, doubt, or uncertainty
affecting title 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
or 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.
12 Criminal Prosecution
The State may criminally prosecute for perjury the
party who obtains registration through fraud.
Where to File Requisites
May be filed with the
Metropolitan or Municipal
Trial Courts, and the
Regional Trial Courts
depending on the case.
Requisites for the grant of a new trial based on
newly discovered evidence:
(1) they discovered the evidence after the trial
court rendered its judgment ; (2) they could not
have discovered and produced the evidence
during the trial with reasonable diligence; and
(3) the evidence was material, not merely
cumulative, corroborative, or impeaching, and was
of such weight that, if admitted, would probably
change the judgment.
(4) the evidence is of such weight that it would
probably change the judgment if admitted.
The subject matter of a
petition for declaratory
relief raises issues which
are not capable of
pecuniary estimation and
must be filed with the
Regional Trial Court (Sec.
19[1], BP 129; Sec. 1, Rule
63).
(1) there must be a justiciable controversy; (2) the
controversy must be between persons whose
interests are adverse;
(3) the party seeking declaratory relief must have a
legal interest in the controversy; and
(4) the issue involved must be ripe for judicial
determination.
The judgment and orders of
the court hearing the land
registration case are
appealable to the Court of
Appeals or to the Supreme
Court in the same manner
as in ordinary actions.
The appeal is taken by filing a notice of appeal
with the court that rendered the judgment or final
order appealed from. The notice of appeal shall
indicate the parties to the appeal, the judgment or
final order or part thereof appealed from, and
state the material dates showing the timeliness of
the appeal. A record on appeal shall be required
only in special proceedings and in other cases of
multiple or separate appeals.
A party desiring to appeal
from a decision of the
Regional Trial Court
rendered in the exercise of
its appellate jurisdiction
may file a verified petition
for review with the Court of
Appeals.
(1) 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 one year from
the issuance of the decree by the Land
Registration Authority; and
(4) The property has not yet passed to an innocent
purchaser for value.
Regional trial courts have
exclusive original
jurisdiction in all civil
actions which involve the
title to or any interest in
property where the
assessed value thereof
exceeds P20,000.00 or in
Metropolitan Manila,
where such value exceeds
P50,000.00.
(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
purchaser for value;
(4) The action is filed after the certificate of title
had already become final and incontrovertible but
within four years from the discovery of the fraud,
or not later than 10 years in the case of an implied
trust.
Regional Trial Courts shall
exercise exclusive original
jurisdiction.
(1) damages to the plaintiff;
(2) negligence, by act or omission, of which
defendant, or some person for whose acts he must
respond, was guilty; and
(3) the connection of cause and effect between
such negligence and the damages.
Regional Trial Courts
Proper when a private party claims ownership of
the land as private property by virtue of a long
period of possession and hence, no longer deemed
a part of the public domain which could be
disposed of under the provisions of the Public
Land Act, or when the land is already covered by a
previously issued certificate of title
Any court of competent
jurisdiction RTC in city
where property lies or
resident of plaintiff.
(1) Any person who sustains loss or damage under
the ff: conditions: a) that 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 Registry
employees;
(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 Property
Registration Decree.; and
(3) 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.
An action incapable of
pecuniary estimation which
falls within the jurisdiction
of the Regional Trial Court.
Fraud and misrepresentation, as grounds for
cancellation of patent and annulment of title,
should never be presumed, but must be proved by
clear and convincing evidence, mere
preponderance of evidence not being adequate.
Must be filed in the original
land registration case, RTC,
sitting as a land registration
court in accordance with
Section 112 of the Land
Registration Act (Act No.
496, as amended).
Proper when a private party claims ownership of
the land as private property by virtue of a long
period of possession and hence, no longer deemed
a part of the public domain which could be
disposed of under the provisions of the Public
Land Act, or when the land is already covered by a
previously issued certificate of title
Regional Trial courts having
jurisdiction over land
disputes.
In order that an action for quieting of title may
prosper, two requisites must concur: (1) the
plaintiff or complainant has a legal or equitable
title or interest in the real property subject of the
action; and (2) the deed, claim, encumbrance, or
proceeding claimed to be casting cloud on his title
must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or
legal efficacy.
Regional Trial Courts
The prosecution for falsification or perjury is a
proceeding in personam which inquiries into the
criminal liability of the accused.
Illustrative cases and notes
The Rules allows the courts to grant a new trial when there
are errors of law or irregularities prejudicial to the
substantial rights of the accused committed during the trial,
or when there exists newly discovered evidence. The grant
or denial of a new trial is, generally speaking, addressed to
the sound discretion of the court which cannot be interfered
with unless a clear abuse thereof is shown. (Ibiernas v.
Tanco-Gabaldon)
It would be error to file the petition with the Supreme Court
which has no original jurisdiction to entertain a petition for
declaratory relief (Untied Residents of Dominican Hill vs.
Commission on the Settlement of Land Problems, 353 SCRA
782; Ortega vs. Quezon City Government, 469 SCRA 388).
The judgments entered in the land registration cases having
become final, the court below did not commit a grave abuse
of discretion in ordering the issuance of the decrees based
upon such final judgments. The failure of the petitioner to
file the appeal bond within the reglementary period was
fatal. Even if the court below should have allowed him to
amend his record on appeal did not carry with it the
extension of the reglementary period for the filing of the
appeal bond. (Salva v. Palacio)
In the case of Rivera vs. Moran (48 Phil., 836), this court
held that a petition for a review under section 38 of the
Land Registration Act may be presented at any time after
the rendition of the judgment or decision of registration and
before the expiration of one year from the entry of the final
decree.
An action for reconveyance based on an implied trust
prescribes in ten years, the reckoning point of which is the
date of registration of the deed or the date of issuance of
the certificate of title over the property. (Brito v. Dianala,
GR. 171717, December 15, 2010)
The exclusion of the term damages of whatever kind in
determining the jurisdictional amount under Section 19 (8)
and Section 33 (1) of B.P. Blg. 129, as amended by R.A. No.
7691, applies to cases where the damages are merely
incidental to or a consequence of the main cause of action.
However, in cases where the claim for damages is the main
cause of action, or one of the causes of action, the amount
of such claim shall be considered in determining the
jurisdiction of the court. (Sante v. Claravall, G.R. No.
173915, February 22, 2010)
The objective of an action for reversion of public land is the
cancellation of the certificate of title and the resulting
reversion of the land covered by the title to the State. This is
why an action for reversion is oftentimes designated as an
annulment suit or a cancellation suit. (Cawis v. Cerilles, G.R.
No. 170207, April 19, 2010)
To obtain a judgment for damages against the assurance
fund, by reason of deprivation or loss of registered land,
section 101 requires that the person who claims damages
should not have been negligent in acquiring the property or
in obtaining the registration thereof in his name. (Heirs of
Enriquez and Villanueva vs. Enriquez and Treasurer of the
Philippine Islands, 44 Phil., 885; De la Cruz vs. Fabie, supra.)
The one-year prescriptive period, however, does not apply
when the person seeking annulment of title or reconveyance
is in possession of the lot. This is because the action
partakes of a suit to quiet title which is imprescriptible.(Heirs
of Simplicio Santiago v. Heirs of Mariano E. Santiago, 452
Phil. 238 [2003])
An action to redeem, or to recover title to or possession of,
real property is not an action in rem or an action against the
whole world, like a land registration proceeding or the
probate of a will; it is an action in personam, so much so
that a judgment therein is binding only upon the parties
properly impleaded and duly heard or given an opportunity
to be heard. Actions in personam and actions in rem differ in
that the former are directed against specific persons and
seek personal judgments, while the latter are directed
against the thing or property or status of a person and seek
judgments with respect thereto as against the whole world.
An action to recover a parcel of land is a real action but it is
an action in personam, for it binds a particular individual
only although it concerns the right to a tangible thing (Ang
Lam v. Rosillosa et al., 86 Phil. 448 [1950])
Significantly, an action to quiet title is characterized as a
proceeding quasi in rem. In an action quasi in rem, an
individual is named a defendant and the purpose of the
proceeding is to subject his interests to the obligation or
loan burdening the property. Actions quasi in rem deal with
the status, ownership or liability of a particular property but
which are intended to operate on these questions only as
between the particular parties to the proceedings and not to
ascertain or cut off the rights or interests of all possible
claimants. The judgment therein is binding only upon the
parties who joined in the action. (Phil-ville Development and
Housing Corp. v. Bonifacio, G.R. No. 167391, June 8, 2011)
The prosecution for falsification or perjury is a proceeding in
personam which inquires into the criminal liability of the
accused. Not being an attack on the validity of the titles in
question, any judgment rendered therein would leave said
titles undisturbed. (People v. Cainglet G.R. Nos. L-21493-94,
April 29, 1966)