REMEDIES Period: within 60 days from notice of judgment and not
more than 6 months after entry of judgment. The double
New Trial
Period: within the period for filing an Appeal
Grounds: FAME/newly discovered evidence
*the Motion should be accompanied by an Affidavit of
Merit
Motion for Reconsideration
Period: within 15 days from Notice of Judgment
Grounds: (1) excessive damages; (2) evidence is
insufficient to justify the decision or final judgment; and
(3) final order or decision is contrary to law
Petition for Relief from Judgment
-an equitable relief granted only under exceptional
circumstances.
-Under Section 1, Rule 38 of the 1997 Rules of Civil
Procedure, a petition for relief from judgment may be
filed on the ground of fraud, accident, mistake, or
excusable negligence. The negligence must be so gross
"that ordinary diligence and prudence could not have
guarded against."
period required under Section 3, Rule 38 is jurisdictional
and should be strictly complied with. A petition for relief
from judgment filed beyond the reglementary period is
dismissed outright. This is because a petition for relief
from judgment is an exception to the public policy of
immutability of final judgments.
Appeal
-appealable within 15 days from receipt of notice of
judgment.
-Take note Rules 40, 41, 42, 45 and 65
Petition for Review of the decree of Registration
-Requisites: (1) petitioner must have interest in the land;
(2) petitioner must show actual fraud or extrinsic fraud
by the other party which led to the issuance of the decree
of registration by the LRA; (3) the petition must be filed
within one (1) year from the issuance of the decree of
registration by the LRA; (4) the ownership of the
property has not been transferred to an innocent
purchaser for value.
-What is an extrinsic fraud? Intentional concealment or
omission of a fact required by law to be stated in the
petition. Examples: (1) intentional failure to disclose that
the property is in actual possession of another; (2)
misrepresentation by the applicant about the identity id
the land to the true owner.
Action for Reconveyance
-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 recover the land to
him.
Period: within 10 years from the date of issuance of the
certificate of title. Article 1144 of the Civil Code (upon
obligation created by law). Action does not prescribe in
case when the plaintiff/petitioner is in actual possession
of the property.
Action for Damages
-default action against the forger if the property has
passed to the hand of a purchaser in good faith; also
available in case the forger/the person who caused
damage has become insolvent.
Period: within 10 years from issuance of the title
Action against the Assurance Fund
-Requisites: (1) a person is deprived of land or any estate
or interest in consequence of the bringing of the land
under the operation of the Torrens system or arising after
the original registration of the land; (2) through fraud,
error, omission, mistake, or misdeclaration in any
certificate of title or in any entry or memorandum in a
registration book; (3) without negligence on the part of
the person deprived of the land; and (4) barred or
precluded from bringing action for the recovery of such
land or interest therein.
Section 102. Limitation of Action. Any action for
compensation against the Assurance Fund by reason of
any loss, damage or deprivation of land or any interest
therein shall be instituted within a period of six years
from the time the right to bring such action first occurred:
Provided, That the right of action herein provided shall
survive to the legal representative of the person
sustaining loss or damage, unless barred in his lifetime;
and Provided, further, That if at the time such right of
action first accrued the person entitled to bring such
action was a minor or insane or imprisoned, or otherwise
under legal disability, such person or anyone claiming
from, by or under him may bring the proper action at any
time within two years after such disability has been
removed, notwithstanding the expiration of the original
period of six years first above provided.
Quieting of Title
It has for its purpose the quieting of title or removal of a
cloud therefrom when there is an apparently valid or
effective instrument or other claim which in reality is
void, ineffective, voidable or unenforceable.
The basis of equitable relief for removal of a cloud in title
is the principle that, because of the inadequacy of the
remedy at law, a deed or other instrument or
proceedings constituting the cloud may not be used
injuriously or vexatiously to embarrass or affect the
title of a plaintiff in possession
Article 476 and 478 of the New Civil Code provide that,
“whenever there is a cloud on 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,” or “has been
extinguished or has terminated, or has been barred by
extinctive prescription”, “and may be prejudicial to said
title, an action may be brought to remove such cloud or
to quiet the title.”
For an action to quiet title to prosper, two (2)
indispensable requisites must concur, namely: (1) the
plaintiff or complainant has a legal or an equitable title
to or interest in the real property subject of 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.
*An action for quieting title cannot be availed of for
settling boundary disputes.
Cancellation involving Double Title
-prescribes in 10 years from issuance of title
In case of double sale, Article 1544 of the Civil Code
provides:
ART. 1544. If the same thing should have been sold to
different vendees, the ownership shall be transferred to
the person who may have first possession thereof in good
faith, if it should be movable property.
Should it be immovable property, the ownership shall
belong to the person acquiring it who in good faith first
recorded it in the Registry of Property.
Should there be no inscription, the ownership shall
pertain to the person who in good faith was first in
possession; and, in the absence thereof; to the person
who presents the oldest title, provided there is good
faith.
**Ownership of an immovable property which is the
subject of a double sale shall be transferred: (1) to the
person acquiring it who in good faith first recorded it in
the Registry of Property; (2) in default thereof, to the
person who in good faith was first in possession; and (3)
in default thereof, to the person who presents the oldest
title, provided there is good faith. The requirement of the
law then is two-fold: acquisition in good faith and
registration in good faith. Good faith must concur with
the registration.
Action for Reversion
-it is a restoration of public land fraudulently awarded or
disposed of, to the mass of the public domain and may
again be the subject of disposition to qualified applicants;
the Solicitor General may initiate an action for reversion.
-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.

-Private persons may not bring an action for reversion or

any action which would have the effect of canceling a
land patent and the corresponding certificate of title
issued on the basis of the patent, such that the land
covered thereby will again form part of the public
domain.

Annulment of Judgment

-based on Rule 47 of the Rules of Court

-Grounds: (1) Extrinsic fraud- not available if other

remedies could have been availed of thru other remedies;
and (2) Lack of Jurisdiction. The lack of jurisdiction refers
to either lack of jurisdiction over the person of the
defending party or over the subject matter of the claim.