LAND TITLES AND DEEDS

PART V
 RULES OF PROCEDURE

Section 34. Rules of procedure. The Rules

of Court shall, insofar as not inconsistent with
the provision of this Decree, be applicable to
land registration and cadastral cases by
analogy or in a suppletory character and
whenever practicable and convenient. (PRD)
 REMEDIES OF AN AGGRIEVED PARTY
1. Question the validity of the judgment
a. Before finality
1) Motion for Reconsideration;
2) Motion for New Trial; and
3) Appeal.
b. After the finality
1) Petition for review or reopening of
decree of registration
2) Relief from Judgments or Final Orders;
3) Petition for Certiorari; and
4) Annulment of Judgment.
2. Institute an action for
a. Reconveyance
b. Damages
c. Claim against the Assurance Fund
d. Reversion
e. Criminal prosecution
 New trial or Reconsideration
• Time to File
A motion for reconsideration or new trial
may be filed within the period for taking
appeal.
A motion for reconsideration or new trial
suspends the running of the period to appeal
(fresh period rule)
A pro forma motion for new trial or
reconsideration (does not comply with the
requirements of Rule 37, Rules of Court) shall
not toll the reglementary period.
No motion for extension of time to file
motion for reconsideration or new trial is
allowed.
 Motion for Reconsideration
• Grounds: (damages awarded are excessive);
evidence is insufficient to justify the decision
or final order; and/or decision or final order is
contrary to law.
• No party shall be allowed a second motion
for reconsideration.
• If granted, the judgment is amended or
modified.
• Requirements: A motion for reconsideration
shall point out specifically the findings or
conclusions of the judgment or final order
which are not supported by the evidence or
which are contrary to law, making express
reference to the testimonial or documentary
evidence or to the provisions of law alleged to
be contrary to such findings or conclusions.
 Motion for New Trial
• Grounds: Any of the following causes
materially affecting the substantial rights of an
aggrieved party:
1. Fraud, accident, mistake or excusable
negligence which ordinary prudence could not
have guarded against and by reason of which
such aggrieved party has probably been
impaired in his rights; or
2. Newly discovered evidence, which he could
not, with reasonable diligence, have
discovered and produced at the trial, and
which if presented would probably alter the
result.
• Fraud, as a ground for new trial, must be
extrinsic or collateral, that is, it is the kind of
fraud which prevented the aggrieved party
from having a trial or presenting his case to
the court, or was used to procure the
judgment without fair submission of the
controversy.
• In accident or surprise, it must appear that
there was accident or surprise which ordinary
prudence could not have guarded against, and
by reason of which the party has probably
been impaired of his rights; i.e., illness, failure
to attend trial for lack of notice.
• Mistake is some unintentional act, omission,
or error arising from ignorance, surprise,
imposition or misplaced confidence.
• Excusable neglect means a failure to take the
proper steps at the proper time, not in
consequence of the party’s own carelessness,
inattention, or willful disregard of the process
of the court, but in consequence of some
unexpected or unavoidable hindrance or
accident, or reliance on the care and vigilance
of his counsel or on promises made by the
adverse party.
• To warrant a new trial, newly discovered
evidence:
1. must have been discovered after trial;
2. could not have been discovered and
produced at the trial despite reasonable
diligence; and
3. if presented, would probably alter the
result of the action.
 Appeal
• An appeal is a statutory right and part of due
process. Perfection of an appeal in the manner
and within the period laid down by law is not
only mandatory but also jurisdictional.
• Only parties can appeal from a decision.
• A party cannot change the theory on appeal. Only
issues pleaded in the lower court and properly
raised may be resolved by the appellate court.
• Only judgments and final orders may be appealed
(See Sec. 1, Rule 41, Rules of Court)
• Section 33. Appeal from judgment, etc. 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 three (3) modes of appeal are:
1. ordinary appeal; (Rules 40,41)
2. petition for review; (Rule 42,43)
3. appeal by certiorari (Rule 45)

• Period to appeal must be strictly enforced (is

mandatory and jurisdictional) on
considerations of public policy.
• The appeal should be taken by filing a notice of
appeal within 15 days from notice of the
judgment or final order appealed from (may be
interrupted by a timely motion for
reconsideration or new trial). Where a record on
appeal is required (certain kinds of special
proceedings and other cases of multiple or
separate appeals) the appellant shall file a notice
of appeal and a record on appeal within 30 days
from notice of judgment or final order.
 Relief from judgment
• When a judgment or final order is entered
against a party in any court through fraud,
accident, mistake, or excusable negligence, he
may file a petition in such court and in the
same case praying that the judgment, order or
proceeding be set aside. (Sec. 1, Rule 38)
• Petition must be verified and filed within 60 days
from knowledge but not more than 6 months
from entry of the judgment or final order
• Fraud that will justify a petition for relief from
judgment must be extrinsic fraud which the
prevailing party caused to prevent the losing
party from being heard on his action or defense.
• Motion for New Trial and Petition for Relief are
exclusive remedies. (either should be filed with
the same court)
 Annulment of Judgment
• A petition for annulment of judgments, final
orders and resolutions in civil actions of
Regional Trial Courts may be filed with the
Court of Appeals if the ordinary remedies of
new trial, appeal, petition for relief or other
appropriate remedies are no longer available
through no fault of the petitioner (Rule 47,
Rules of Court)
• Grounds: only extrinsic fraud and lack of
jurisdiction

• Period: extrinsic fraud, 4 years from its

discovery; lack of jurisdiction, before it is
barred by laches or estoppel.
 Certiorari (Rule 65)
• Certiorari is a remedy for correction of errors of
jurisdiction, not errors of judgment. (60 days
from notice) Certiorari will issue only to correct
errors of jurisdiction and not to correct errors of
procedure or mistakes in the court’s findings and
conclusions.
• Certiorari is not proper if appeal is available or,
when the right to appeal exists or, if it was lost
through the fault of the petitioner, such as
prescription of right to file appeal. Certiorari is
not a substitute for lost appeal.
• Without jurisdiction – absence of legal power
to determine the merits of a case.
• Excess of jurisdiction – the court has
jurisdiction but fails to comply with the
conditions prescribed for its exercise.
• Grave abuse of discretion – capricious or
whimsical exercise of judgment equivalent to
lack of jurisdiction.
Petition for reopening and review of
the decree of registration
Section 32. Review of decree of
registration; Innocent purchaser for
value. The decree of registration shall not
be reopened or revised by reason of
absence, minority, or other disability of
any person adversely affected thereby, nor
by any proceeding in any court for
reversing judgments, . . .
. . . subject, however, to the right of any person,
including the government and the branches
thereof, deprived of land or of any estate or
interest therein by such adjudication or
confirmation of title obtained by actual fraud, to
file in the proper Court of First Instance a
petition for reopening and review of the decree
of registration not later than one year from and
after the date of the entry of such decree of
registration, . . .
. . . but in no case shall such petition be
entertained by the court where an innocent
purchaser for value has acquired the land or
an interest therein, whose rights may be
prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase
occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or
other encumbrancer for value.
 Upon the expiration of said period of one
year, the decree of registration and the
certificate of title issued shall become
incontrovertible. Any person aggrieved by
such decree of registration in any case may
pursue his remedy by action for damages
against the applicant or any other persons
responsible for the fraud.
• Reglementary period: within 1 year from entry
of the decree of registration (provided the
land has not yet passed to an innocent
purchaser for value), date of issuance of
patent is equivalent to the decree of
registration

• Ground: actual or extrinsic fraud

• Requisites:
1. The 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
4. The property has not yet passed to an innocent
purchaser for value
 Actual Fraud
• Actual fraud – intentional concealment or
omission of a fact required by law to be stated in
the application or a wilful statement of a claim
against the truth
 false statement that the lots are not contested
 conniving with the land inspector
 deliberately failing to notify the party entitled to
notice
 inducing the complainant not to oppose the
application for registration
 failure to disclose previous application
 Innocent Purchaser for Value
• Purchaser in good faith
• Innocent purchaser is one who buys the
property of another without notice that some
other person has a right to or interest in it,
and who pays a full and fair price at the time
of the purchase or before receiving any notice
of another person’s claim
• Good faith is a matter of intent – presumption
of good faith is not enough
• However, purchaser is not required to explore
further than what title indicates for hidden
defects
• A purchaser who has knowledge of defect of
his vendor’s title cannot claim good faith
• Between two persons in good faith.
• first in time is first in right “prior est temporae,
prior est in jura”
• Liens, noted in the title, notice of lis pendens,
affidavit of adverse claim
• Caveat emptor-purchaser must check vendor’s
title
• The defense of indefeasibility does not extend
to transferee who takes title despite notice of
the flaw in it
• Equally applies to mortgagees, lessees or
other encumbrancers for value
 The aforequoted legal provision does not
totally deprive a party of any remedy to
recover the property fraudulently registered
in the name of another. Section 32 PD 1529
merely precludes the reopening of the
registration proceedings for titles covered by
the Torrens System, but does not foreclose
other remedies for the reconveyance of the
property to its rightful owner
 “While it is true that Section 32 of PD 1529
provides that the decree of registration
becomes incontrovertible after a year, it does
not altogether deprive an aggrieved party of a
remedy in law. The acceptability of the Torrens
System would be impaired, if it is utilized to
perpetuate fraud against the real owners.”
 Reconveyance
• Equitable remedy, action in personam
• reivindicatory action, i.e., an action whereby
plaintiff alleges ownership over a parcel of land
and seeks recovery of its full possession.
• An action for reconveyance respects the decree
of registration as incontrovertible but seeks the
transfer of property, which has been wrongfully or
erroneously registered in other persons' names,
to its rightful and legal owners or to those who
claim to have a better right.
• There is no special ground for an action for
reconveyance. It is enough that the aggrieved
party has a legal claim on the property superior
to that of the registered owner and that the
property has not yet passed to the hands of an
innocent purchaser for value.
• No action for reconveyance can take place as
against third party who had acquired title over
the registered property in good faith and for
value.
• Where to file? (assessed value)

• Requisites:
1. plaintiff claims ownership
2. fraud, mistake, duress, abuse of confidence,
implied or express trust, void contract
3. land not conveyed to innocent purchaser for
value
4. within prescriptive period
 Prescriptive Period
fraud – 4 years from discovery of fraud
(issuance of OCT)
constructive trust (Art. 1456 NCC) – 10 years
from issuance of title
resulting (Art. 1448-1455 NCC) or express
trust – imprescriptible; if repudiated, 10 years
(based on law, Art. 1144)
void document – imprescriptible (declaration
of nullity of document)
plaintiff in possession – imprescriptible (action
to quiet title)
 Defenses
• Proof must be clear and convincing evidence
• Action may be barred by res judicata
• Laches may bar recovery
Conduct on the part of the defendant
Delay in asserting complainant’s rights
Lack of knowledge that complainant would
assert
Injury or prejudice to the defendant
 Quieting of Title
• Articles 476-481, New Civil Code
• there is cloud on title due to proceeding,
record, instrument, claim or encumbrance
which is apparently valid or effective but in
truth and in fact invalid, ineffective, voidable,
unenforceable
• imprescriptible when plaintiff is in possession
 Cancellation of Title
• when 2 titles issued to 2 different persons
over same land the certificate earlier in date
prevails however, this superiority of a
certificate of title earlier in date cannot apply
if it was procured through fraud or is
jurisdictionally flawed
• when title covers non-registrable property
• when certificate is issued before finality of
judgment granting registration
• when certificate is issued to a person who has
no claim or did not apply for registration
• Lack of jurisdiction of the Director of Lands
(private property)
 Reversion
• An action to restore public land fraudulently
awarded and disposed of to private
individuals or corporations to the mass of
public domain. (annulment or cancellation)
• Regalian Doctrine – instituted by the
government
• Section 124, PLA (acquisition or alienation in
violation of the provisions, has the effect of
annulling or cancelling the grant)
• Applicability to judicial land registration
proceedings.
• Grounds:
Fraud
Violations of the grantee of a patent of the of the
conditions imposed by law
Lack of jurisdiction of the Director of Lands
• Only the Solicitor General may institute an
action for reversion
Except: equity jurisdiction, e.g., enforcement of
trust
• Escheat proceedings
• Action is not barred by res judicata or
estoppel
Except party was misled to believe that the
government no longer had any right or interest in
the disputed lot … any nullification of title at the
late stage would unsettle and prejudice the rights
and obligations of innocent parties
 Action for Damages
• An action for damages is the appropriate
remedy if an action for reconveyance is no
longer feasible
• An action for damages should be brought
within ten years from the date of the issuance
of the questioned certificate of title (Article
1144)
• Action is against the person liable for the
damage
Claim against the assurance fund
Section 95. Action for compensation from
funds. A person who, without negligence on his
part, sustains loss or damage, or is deprived of
land or any estate or interest therein in
consequence of the bringing of the land under
the operation of the Torrens system of arising
after original registration of land, through fraud
or in consequence of any error, omission,
mistake or misdescription in any certificate of
title or in any entry or memorandum in the
registration book, . . .
. . . and who by the provisions of this Decree is
barred or otherwise precluded under the
provision of any law from bringing an action
for the recovery of such land or the estate or
interest therein, may bring an action in any
court of competent jurisdiction for the
recovery of damages to be paid out of the
Assurance Fund.
• Conditions:
1. A property is brought under the operation of the
torrens system
2. A person sustains loss or damage, or deprived of
any land or interest therein without negligence
on his part. (including laches)
3. The damage is due to fraud or in consequence of
any error, omission, mistake or misdescription in
any certificate of title or in any entry or
memorandum in the registration book
4. That he is barred by the provision of any law
from recovering the property or interest therein
(remedies are no longer available)
5. Brought within 6 years from the time the right to
bring action first occurred (Section 102, PRD), or
within 2 years after disability is removed ( has
not prescribed)
• Claimant must be in good faith
• Indispensable parties
Register of Deeds
National Treasurer
Person guilty of fraud, mistake, negligence,
misfeasance
• No recovery
Land may be reconveyed
Guilty party can be held for damages
Loss due to owner’s negligence
Loss is due to breach of trust
Improper exercise of sale or mortgage right
Action has prescribed
Mistake in the resurvey or subdivision