LTD MIDTERM NOTES

PD No. 1529 Property Registration Decree

June 11, 1978
to update the Land Registration Act
codify various laws relative to registration of property
strengthen the Torrens System
streamline and simplify registration proceedings and issuance of certificates
of title
- hasten implementation of land reform program of the country
-

Nature of Registration Proceedings

Sec. 2 Nature of Registration Proceedings; Jurisdiction of Courts
Judicial proceedings for the registration of lands throughout the
Philippines shall be in rem and shall be based on the generally accepted
principles underlying the Torrens System.
The Regional Trial Courts shall have exclusive jurisdiction over all
applications for original registration of title to lands, including improvements
and interests therein, and over all petitions filed after original registration of
title, with power to hear and determine all questions arising upon such
applications or petitions. The court through its clerk of court shall furnish the
Land Registration Authority with two certified copies of all pleadings, exhibits,
orders, and decisions filed or issued in applications or petitions for land
registration, with the exception of stenographic notes, within five days from
the filing or issuance thereof.
What is a proceeding in rem?
A proceeding is in rem when the object of the action is to bar indifferently all
who might be minded to make an objection of any sort against the right
sought to be established, and if anyone in the world has a right to be heard
on the strength of alleging facts which, if true, show an inconsistent interest.
Basically, it is a proceeding against the whole world.
But if the technical object of the suit is to establish a claim against some
particular person, with a judgment which generally, in theory at least, binds
his body, or to bar some individual claim or objection, so that only certain
persons are entitled to be heard in defense, then the action is in personam.
Court Jurisdiction on Registration Proceedings
Sec. 2 of PD1529 states that Regional Trial Courts shall exclusive jurisdiction
over all applications for original registration of title to lands, and over all
petitions filed after original registration, with power to hear and determine all
questions arising upon such application or petitions.

However, by virtue of Sec. 34 of BP 129 or the Judiciary Reorganization Act

of 1980, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts have been delegated the jurisdiction to hear and
determine cadastral or land registration cases:
(1) where the lot sought to be registered is not the subject of controversy
or opposition; or
(2) where the lot is contested but the value thereof does not exceed
100,000 pesos, such value to be ascertained by the affidavit of the
claimant or by the agreement of the respective claimants, if there be
more than one, or from the corresponding tax declaration of the real
property
Regalian Doctrine (jura regalia)
The Regalian Doctrine or jura regalia embodies the concept that all lands of
the public domain and all other natural resources are owned by the State.
All lands of whatever classification and other natural resources not otherwise
appearing to be clearly within private ownership belong to the State. The
state is the source of any asserted right to ownership of land and charged
with the conservation of such patrimony.
Art. 12 National Economy and Patrimony (1987 Constitution)
Sec. 2 All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development and utilization of natural
resources shall be under the full control and supervision of the State. The
State may directly undertake such activities or it may enter into coproduction, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of
water rights for irrigation uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
Forms of grants distributed by the Spanish Government (T-GRASP)
The Spanish Government distributed lands by issuing royal grants and
concessions to settlers and other people in various forms, such as:
(a) royal grant (titulo real)

(b)
(c)
(d)
(e)
(f)

special grant (concession especial)

adjustment title (composicion col el estado)
title by purchase (titulo de compra)
possessory information title (informacion possessoria)
gratuitous title (titulo gratuito)

What is the IPRA?

The IPRA or the Indigenous Peoples Rights Act of 1997 (RA No. 8371)
recognizes the rights of ownership of Indigenous Cultural Communities or
Indigenous Peoples to their ancestral domains and ancestral lands on the
basis of native title.
Under the IPRA, ancestral lands and ancestral domains are not deemed part
of the lands of the public domain but are private lands belonging to
indigenous cultural communities or indigenous peoples who have actually
occupied, possessed and utilized their territories under claim of ownership
since time immemorial.
Native Title
Native title to land or ownership of land by Filipinos by virtue of possession
under a claim of ownership since time immemorial and independent of any
grant from the Spanish Crown
Native title refers to pre-conquest rights to lands and domains which, as far
back as memory reaches, have been held under a claim of private ownership
by ICCs/IPs, have never been public lands and are thus indisputably
presumed to have been held that way since before the Spanish conquest.
Requisites:
(a) as far back as testimony or memory went (time immemorial)
(b) under a claim of private ownership as presumed, to never have been
public land
Doesnt the IPRA and concept of native title violate the regalian
doctrine?
No, it does not. This is precisely the issue in the case of Cruz vs Secretary of
Environment and Natural Resources. The Regalian Doctrine does not negate
native title to lands held in private ownership since time immemorial. This is
in consonance with the decision in Cario vs Insular Government that states
that it is proper and sufficient to say that when, as far back as testimony or
memory goes, if land has been held by individuals under a claim of private
ownership, it will be presumed to have been held in the same way from
before the Spanish conquest, and never to have been public land. Thus,
lands owned by indigenous cultural communities or indigenous people by
virtue of native titles serve as an exception to the theory of jura regalia.

What is the Torrens System of Registration?

The Torrens System is a system of registration of land, created by Sir Robert
Torrens to simplify land titling in Australia in 1857. It aims to establish and
certify the ownership of an absolute and indefeasible title to realty and to
simplify its transfer. Titles registered under the Torrens System are
indefeasible and incontrovertible.
Ancestral Domains
Ancestral Domains refers to all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied or possessed by
ICCs/IPs, by themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth or
as a consequence of government projects or any other voluntary dealings
entered into by government and private individuals/corporations, and which
are necessary to ensure their economic, social and cultural welfare. It shall
include ancestral lands, forests, pasture, residential, agricultural and other
lands individually owned whether alienable and disposable or otherwise,
hunting grounds, burial grounds, worship areas, bodies of water, mineral and
other natural resources, and land which may no longer be exclusively
occupied by ICCs/IPs but from which they traditionally had access to for their
subsistence and traditional activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting cultivators.
Ancestral Lands
Ancestral lands refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since time
immemorial, by themselves or through their predecessor-in-interest, under
claims of individual or traditional group ownership, continuously, to the
present except when interrupted by war, force majeure or displacement by
force, deceit, stealth, or as a consequence of government projects and other
voluntary dealings entered into by government and private
individuals/corporations, including, but not limited to, residential lots, rice
terraces or paddies, private forests, swidden farms and tree lot.
Purpose of Torrens System
The real purpose of the Torrens System of registration is to quiet title to land;
to put a stop forever to any question of the legality of the title, except claims
which were noted at the time of registration, in the certificate, or which may
arise subsequent thereto. Once a title is registered the owner may rest
secure, without necessity of waiting in the portals of the court, or sitting in the
mirador de su casa, to avoid the possibility of losing land. (Legarda vs
Saleeby, G.R. No. 8936)
What is a CADT?

Like a torrens title, a CADT or Certificate of Ancestral Domain Title is

evidence of private ownership of land by native title.
Advantages of the Torrens System of Registration
(1) to quiet title to land;
(2) to accumulate in one document a precise and correct statement of
the exact status of the fee held by its owner;
(3) to decree land title that shall be final, irrevocable and indisputable;
(4) to decree land title which cannot be altered, modified, enlarged or
diminished except in some direct, and not collateral, proceeding;
(5) to relieve the land of the burden of known and unknown claims
(6) to put a stop forever to any questions as to the legality of the title
(7) to simplify ordinary dealings over registered land
(8) to afford protection against fraudulent transactions;
(9) to restore the just value of land;
(10) to minimize confliction claims and stabilize land ownership
Registration is not a mode of acquiring ownership
Registration does not vest title. It is merely a procedure to establish evidence
of title over realty. The Torrens system is a system for the registration of title
to land only, and not a system established for the acquisition of land.
Registration merely confirms and thereafter protects the title already
possessed by the owner, making it imprescriptible by occupation of third
parties. The registration does not give the owner any better title than he has.
It is not a mode of acquiring ownership. A certificate of title cannot be used to
protect a usurper from the true owner or be used as a shield for the
commission of fraud.
Land Registration Authority (LRA)
The Land Registration Authority was created by PD1529. It is headed by an
administrator, and assisted by two (2) deputy administrators, who are
appointed by the President. All other officials of the LRA, except Registration
of Deeds, are appointed by the Secretary of Justice.
The LRA serves as the central repository of records relative to original
registration of lands under the Torrens System.
Functions of the LRA:
(1) extend assistance to the Department of Agrarian Reform, the Land
Bank, and other agencies in the implementation of the land reform
program;
(2) extend assistance to courts in ordinary and cadastral land
registration proceedings;
(3) be the central repository of records relative to original registration of
lands under the Torrens System, including subdivision and
consolidation plans of titled lands

Function of the LRA Administrator:

(1) issue decrees of registration pursuant to final judgments of the courts
in land registration proceedings;
(2) exercise supervision and control over all Registers of Deeds and
other personnel of the Authority
(3) Resolve cases elevated en consulta by, or on appeal from decisions
of, Registers of Deeds
(4) Exercise executive supervision over all clerks of court and personnel
of Regional Trial Courts with respect to the registration of lands
(5) Implement all orders, decisions, and decrees promulgated relative to
the registration of lands and issue, subject to the approval of the
Secretary of Justice, all needful rules and regulations
(6) Verify and approve subdivision, consolidation, and consolidationsubdivision survey plans of properties titled under PD1529 except
those covered by PD957
Register of Deeds
The office of the Register of Deeds constitutes a public repository of records
of instruments affecting registered or unregistered lands and chattel
mortgages in the province or city wherein such office is situated. There shall
be at least one Register of Deeds for each province and one for each city.
The Secretary of Justice shall define the official station and territorial
jurisdiction of each Registry upon the recommendation of the Administrator.
Registration
Registration means the entry of instruments or deed in a book or public
registry. It is the entry made in the registry which records solemnly and
permanently the right of ownership and other real rights.
What is the character of the duty of the Register of Deeds in
registration?
The function of a Register of Deeds with reference to the registration of
deeds, encumbrances, instruments and the like is ministerial in nature. He
may not validly refuse to register a deed of sale presented to him for
registration. Whether a document is valid or not is not for the Register of
Deeds to determined; this function belongs properly to a court of competent
jurisdiction. Hence, registration must first be allowed, and the validity or effect
thereof litigated afterwards.
Instances when the Register of Deeds may be justified in refusing
registration:
(1) when there are several copies of the title (co-owners duplicate) but
only one is presented with the instrument to be registered
(2) when the property is presumed to be conjugal but the instrument of
conveyance bears the signature of only one spouse

(3) when there is a pending case in court where the character of the
land and the validity of the conveyance are in issue
(4) when the instrument is not notarized
Title III Original Registration
Who may apply for registration?
Sec. 14 of PD1529 provides that the following persons may apply for
registration, by themselves or through their duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest
have been in open, continuous, exclusive and notorious possession
and occupation of alienable and disposable lands of the public
domain under a bona fide claim of ownership since June 12, 1945, or
earlier.
(2) Those who have acquired ownership of private lands by prescription
under the provisions of existing laws.
(3) Those who have acquired ownership of private lands or abandoned
river beds by right of accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner
provided by law.
Where the land is owned in common, all the co-owners shall file the
application jointly.
Requisites for the filing of an application under PD1529
(1) That the property is an agricultural land of the public domain;
(2) That it has been classified by a positive act of government as
alienable and disposable (A and D)
(3) That the applicant, by himself or through his predecessors-ininterest, has been in open, continuous, exclusive and notorious
possession and occupation of the land in the concept of owner; and
(4) That such possession and occupation is under a bona fide claim of
ownership since June 12, 1945 or earlier.
Does Sec. 14(1) of PD1529 require that the land should already be
classified as A and D land as of June 12, 1945?
No, Sec. 14(1) merely requires that the property sought to be registered as
already alienable and disposable at the time the application for registration of
title is filed. In other words, it is not necessary that the land, agricultural in
character, be first classified as alienable and disposable before the
applicants possession under a bona fide claim of ownership could start.
Exception:
Forest or timber lands, mineral lands and national parks is not registrable
and possession thereof no matter how lengthy will not convert into private
ownership unless such lands are reclassified and considered disposable and
alienable. Possession of such lands, prior to their classification as alienable

and disposable land, is ineffective since such possession may not be

considered as possession in the concept of owner. In sum, only alienable
lands may be acquired under private ownership.
Prescription vs Laches
Prescription is concerned with the fact of delay, while laches is concerned
with the effect of delay. Prescription is a matter of time, laches is principally a
question of inequity of permitting a claim to be enforced, this inequity being
founded on some change in the condition of the property or the relation of the
parties. Prescription is statutory, laches is not. Laches applies in equity,
whereas prescription applies at law. Prescription is based on a fix time,
laches is not.
Elements of Laches
(a) conduct on the part of the defendant, or of one under whom he
claims, giving rise to the situation of which complaint is made and for
which the complaint seeks a remedy
(b) delay in asserting the complainants rights, the complainant having
had knowledge or notice, of the defendants conduct and having
been afforded an opportunity to institute a suit
(c) lack of knowledge or notice on the part of the defendant that the
complainant would assert the right on which he bases his suit
(d) injury or prejudice to the defendant in the event relief is accorded to
the complainant, or the suit is not held to be barred
Right of Accretion
Art. 457 of the Civil Code provides that to the owners of lands adjoining the
banks of rivers belong the accretion which they gradually receive from the
effects of the current of the water.
Accretion attaching to a registered land does not ipso facto become
registered property. Thus, it may be acquired through prescription by third
persons. (Grande vs CA)
Requisites of Accretion
(1) That the deposit be gradual and imperceptible;
(2) That it be mode through the effects of the current of the water; and
(3) That the land where the accretion takes place is adjacent to the
banks of river
Reason behind law on accretion
It is to compensate the riparian owner for the danger of loss that he suffers
because of the location of his land. Riparian owners lands are exposed to
floods and other evils produced by the destructive force of the waters and if
by virtue of lawful provisions, said estates are subject to encumbrances and

various kinds of easements, it is proper that the risk or danger which may
prejudice the owner thereof should be compensated by the right of accretion.
Distinction between registration under the Property Registration Decree
and the Public Land Act
Under the Property Registration Decree, there already exists a title which is
confirmed by the court; while under the Public Land Act, the presumption
always is that the land applied for pertains to the State, and that the
occupants and possessors only claim an interest in the same by virtue of
their imperfect title or continuous, open, and notorious possession.
Form and Contents of an Application for Registration
Sec. 15 of PD1529 requires that the application for land registration shall be
in writing, signed by the applicant or the person duly authorized in his behalf,
and sworn to before any officer authorized to administer oaths for the
province or city where the application was actually signed. It shall contain the
following information:
(1) Full description of the land (evidenced by a survey plan approved by
the Director of Lands)
(2) Citizenship and civil status of applicant
(3) Full names and addresses of all occupants of the land and those of
the adjoining owners, if known
(4) Assessed value of the land and the buildings and improvements
thereon
(5) Whether or not there are mortgages or encumbrances of any kind
affecting land
(6) Manner by which the applicant has acquired the land
(7) Whether or not the property is conjugal, paraphernal or exclusive
property of applicant
(8) Names of all occupants of the land
(9) Original muniments of title and other related documents supporting
applicants claim of ownership
(10) If the land is bounded by a public or private way or road, whether or
not the applicant claims any and what portion thereof
The following documents must accompany the application for
registration:
(1) Original plan in tracing cloth or diazo polyester film duly approved by
the Regional Technical Director, Land Management Service of the
DENR
(2) The white or blue print copies of the plan
(3) The original and two copies of the technical descriptions certified by
the Regional Technical Director
(4) The original and two copies of the geodetic engineers certificate or
certification as to its validity

(5) A certificate as to the assessed value of the land at its last

assessment for taxation or, an affidavit as to the market value of the
land;
(6) All original muniments of title of the applicant which prove his
ownership of the land
Who may oppose an application for registration?
Any person claiming an interest, whether named in the notice or not, may
appear and file an opposition on or before the date of initial hearing, or within
such further time as may be allowed by the court. The opposition shall state
all the objections to the application and shall set forth the interest claimed by
the party filing the same and apply for the remedy desired, and shall be
signed and sworn to by him or by some other duly authorized person.
Requisites for opposing an application:
(1) The oppositor must have an interest in the land applied for;
(2) He should state the grounds for his objection as well as the nature of
his claimed interest
(3) He should indicate the desired relief
(4) The opposition should be signed and sworn to b him or by his duly
authorized representative
What are the steps in bringing land under the Torrens System?
(a) Survey of land by Land Management Bureau or licensed private
surveyor
(b) Filing of application for registration
(c) Setting of the date for initial hearing of application
(d) Transmittal of the application and the date of initial hearing to the
Land Registration Authority
(e) Publication of the notice of the filing of the application and date of
initial hearing in the Official Gazette and in a newspaper of general
circulation
(f) Mailing notice upon contiguous owners, occupants and those known
to have interest in the property
(g) Posting by the sheriff of the notice in a conspicuous place on the
land and in the bulletin board of the municipal building or city there
the land is situated
(h) Filing of the answer
(i) Hearing of the case
(j) Promulgation of judgment by the curt
(k) Issuance of an order for the issuance of a decree and instructing the
LRA to issue the decree of registration
(l) Entry of the decree of registration in the Land Registration Authority
(m) Sending of copy of the decree of registration to the Register of
Deeds

(n) Transcription of the decree of registration and issuance of the

owners duplicate original certificate of title by the Register of Deeds,
upon payment of the prescribed fees
Who can acquire or hold lands of the public domain, who may acquire
private lands?
The following may acquire private lands:
(1) Filipino Citizens
(2) Filipino corporations and associations
Filipino citizens can both acquire and hold lands of the public domain. Filipino
corporations cannot acquire lands of the public domain but they can hold
such lands by modes other than acquisition, such as lease.
Generally, aliens cannot acquire or hold lands in the Philippines, but they can
through hereditary succession. Natural-born citizen of the Philippines who
has lost citizenship may be a transferee of private lands, subject to limitations
provided by law.
Classification of Lands of the Public Domain:
(a) Agricultural
(b) Forest or Timber
(c) Mineral Lands
(d) National Parks
Agricultural lands of the public domain may be further classified by law
according to the uses to which they may be devoted. Alienable lands of the
public domain shall be limited to agricultural lands.
Non-Registrable Propeties
The properties of public dominion, or those intended for public use, public
service or development of the national wealth such as but are not limited to:
(1) forest lands
(2) watersheds
(3) mangrove swamps
(4) mineral lands
(5) parks and plazas
(6) military or naval reservations
(7) foreshore lands
(8) reclaimed lands
(9) submerged areas
(10)river banks
(11)lakes
(12)reservations for public and semi-public purpose
(13)others of similar public character
Above stated are non-registrable properties.
Patrimonial Property

Properties owned by the State in its private capacity. They are property of
public dominion, no longer needed for public use or for public service.
Rules in case of conflict of possession:
Art. 538 of the New Civil Code
In case of conflict or dispute regarding possession, the rule of preference is
as follows:
(1) the present possessor shall be preferred
(2) if there are two possessors, the one longer in possession
(3) if the dates of possession are the same, the one who presents a title
(4) if both all things equal, the court shall determine the rightful
possessor and owner of the land
May the Supreme Court review the findings of the lower court on
possession?
No, such is a question of fact. Generally, the Supreme Court may not review
the decisions of trial courts regarding questions of fact. The Supreme Court
is not a trier of facts. Matters of proof and evidence are beyond the power of
the Court to review under Rule 45, Rules of Court, except in the presence of
some meritorious circumstances.
Exceptions:
(1) When the findings are grounded entirely on speculation, surmises or
conjectures
(2) When the inference made is manifestly mistaken, absurd or
impossible
(3) When there is grave abuse of discretion
(4) When the judgment is based n misapprehension of facts
(5) When the findings of facts are conflicting
(6) When in making its findings, the CA went beyond the issues of the
case, or its findings are contrary to the admissions of both the
appellant and the appellee
(7) When the findings are contrary to the trial court
(8) When the findings are conclusions without citation of specific
evidence on which they are based
(9) When the facts set forth in the petition as well as the petitioners
main and reply briefs are not deputed by the respondent
(10)When the findings of facts are premised on the supposed absence of
evidence and contradicted by the evidence on record
(11)When the CA manifestly overlooked certain relevant facts not
disputed by the parties, which if properly considered, would justify a
different conclusion
Res Judicata
The principle of res judicata applies to all cases and proceedings, including
land registration and cadastral proceedings.

Requisites of res judicata:

(1) the former judgment must be final
(2) it must have been rendered by a court having jurisdiction of the
subject matter and the parties
(3) it must be a judgment on the merits
(4) there must be, between the first and second actions
a. identity of parties
b. identity of subject matter
c. identity of the cause of action
Writ of Possession
A writ of possession is employed to enforce a judgment to recover the
possession of land. It commands the sheriff to enter the land and give
possession of it to the person entitled under the judgment.
The writ of possession may be issued in the following cases:
(1) In a land registration proceeding, which is a proceeding in rem;
(2) In an extrajudicial foreclosure of a realty mortgage;
(3) In a judicial foreclosure of mortgage, a quasi in rem proceeding,
provided that the mortgagor is in possession of the mortgaged realty
and no third person, not a party to the foreclosure suit, had
intervened; and
(4) In execution sales
In registration cases, a writ of possession may be issued against:
(1) the person who has been defeated in a registration case; and
(2) any person adversely occupying the land or any portion thereof
during the land registration proceedings up to the issuance of the
final decree
Notes:
A writ of possession may necessarily include a writ of demolition.
The right to ask for a writ of possession does not prescribe.
Decree of Registration
It is a document prepared in the prescribed form by the LRA
Administrator, signed by him in the name of the court, embodying the final
disposition of the land by the court and such other data found in the record,
including the name and other personal circumstances of the adjudicate, the
technical description of the property, the liens and encumbrances affecting it,
and such other matters as determined by the court in its judgment. The
decree shall bear the date, hour and minute of its entry. As soon as the
decree of title has been registered in the office of the Register of Deeds, the
property included in said decree shall become registered land, and the
certificate shall take effect upon the date of the transcription of the decree.
The certificate of title is a true copy of the decree of registration.

The certificate of title is conclusive evidence of the ownership of the

land referred to therein and becomes indefeasible and incontrovertible after
one year from the issuance of the decree.
Sec. 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.
REMEDIES
Remedies available to aggrieved party:
1. New Trial (Rule 37, ROC)
Within the period for taking an appeal (15 days after notice to the
appellant of the judgment or final order appealed from, or 30 days when
a record on appeal is required), the aggrieved party may move the trial
court to set aside the judgment or final order and grant a new trial for one
or more of the causes materially affecting the substantial right os said
party.
Grounds for a new trial:
(a) Fraud, accident, mistake or excusable negligence which ordinary
prudence could not have guarded against and by reason which such
aggrieved party has probably been impaired in his rights;
(b) Newly discovered evidence, which he could not, with reasonable
negligence have discovered, and produced at the trial, and which if
presented would probably alter the result.

2. Reconsideration (Rule 37, ROC)

Within same period for filing for a new trial, aggrieved party may also
move for reconsideration.
Grounds for Reconsideration
(a) Damages awarded are excessive
(b) Insufficient evidence to justify decision or final order
(c) Decision or final order is contrary to law
3. Appeal (Sec. 33, PD1529)
An appeal may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when declared by
the Rules of Court to be appealable.
**Final Judgment or Order is one that finally disposes of a case, leaving
nothing more to be done by the court in respect thereto.
No appeal may be taken from:
(1) an order denying a motion for new trial or reconsideration
(2) an order denying a petition for relief or any similar motion seeking relief
from judgment
(3) an interlocutory order
(4) an order disallowing or dismissing an appeal
(5) an order denying a motion to set aside judgment by consent, confession
or compromise on the ground of fraud, mistake, or duress, or any other
ground vitiating consent
(6) an order of execution
(7) a judgment of final order for or against one or more of several parties or
in separate claims, counterclaims, cross-claims, and third-party
complaints, while the main case is pending, unless the court allows an
appeal therefrom
(8) an order dismissing an action without prejudice
Modes of Appeal:
(1) Ordinary Appeal
Appeal to the CA in cases decided by the RTC in the exercise of its
original jurisdiction.
(2) Petition for Review (Rule 42, ROC)
Appeal to the CA in cases decided by the RTC in the exercise of its
appellate jurisdiction.

(3) Appeal by Certiorari (Rule 45, ROC)

In all cases where only questions of law are raised or involved, appeal
shall be to the Supreme Court.
4. Review of Decree (Sec. 32, PD1529)
Courts may reopen proceedings already closed by final decision or
decree when a petition for review is filed by the party aggrieved within
one year from the issuance of the decree of registration on the ground of
extrinsic or collateral fraud. The one-year period stated in Sec. 32 of
PD1529 within which a petition to re-open and review the decree of
registration refers to the decree of registration, which is prepared and
issued by the Land Registration Authority pursuant to Sec. 31 of the
same decree.
Requisites for Petition for Review:
(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
(4) The property has not yet passed to an innocent purchaser for value
**Fraud must be extrinsic. It is extrinsic when it is employed to deprive a
party of his day in court, thereby preventing him from asserting his right
to the property registered in the name of the applicant.
Extrinsic vs Intrinsic Fraud (outside vs inside court)
Extrinsic fraud refers to any fraudulent act of the successful party in
litigation which is committed outside the trial of a case against the
defeated party, or his agents, attorneys, or witnesses, whereby said
defeated party is prevented from presenting fully and fairly his side of the
case. On the other hand, intrinsic fraud refers to 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 prevent a fair and just determination of the case.
Notes:
1. Fraud is never presumed. Burden of proof lies on the plaintiff,
evidence must be clear and convincing.
2. Petition for review may only be filed if the property has not yet
passed to an innocent purchaser for value.
3. A purchaser in good faith and for value is one who buys property of
another, without notice that some other person has right to, or
interest in, such property and pays a full and fair price for the same,
at the time of such purchase, or before he has notice of the claim or
interest of some other person in the property. Good faith consists in

an honest intention to abstain from taking any unconscientious

advantage of another.
4. Caveat Emptor (Buyer Beware) requires the purchaser to be aware
of the supposed title of vendor and one who buys without checking
the vendors title takes all the risks and losses consequent to such
failure.
5. Generally, a purchaser can rely solely on the title of property but
there is a higher degree of prudence required from one who buys
from a person who is not the registered owner. He is expected to
examine not only the certificate of title but all factual circumstances
necessary for him to determine if there are any flaws in the title of the
transferor, or in his capacity to transfer land.
Rule on Double Sale of Property
In double sale of an immovable property, the rules of preference are:
(1) the first registrant in good faith
(2) the first possessor in good faith
(3) the buyer who in good faith present the oldest title
**Rule does not apply when:
a. property is not registered under the Torrens System
b. in a case where there was a sale to one party of the land itself while
the other contract was a mere promise to sell the land or at most an
actual assignment of the right to repurchase the same land
Prior est temporae, prior est in jura
The principle simply means he who is first in time is preferred in right.
Rule is valid only absent any anomaly or irregularity tainting the process
of registration.
5. Action for Reconveyance (Sec. 53 and 96, PD1529)
An action for reconveyance is a 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 reconvey the land to him.
The basic rule is that after the lapse of one year, a decree of
registration is no longer open to review or attack although its issuance is
with actual fraud. But a landowner whose property was wrongfully or
erroneously registered under the Torrens system may bring an action,
after one year from the issuance of the decree, for the reconveyance of
the property to him. Reconveyance is an action in personam and is
always available as long as the property has not passed on to an
innocent third party for value.
Requisites of Reconveyance:

(a) 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
(b) the registration of the land in the name of the defendant was
procured though fraud or other illegal means
(c) the property has not yet passed to an innocent purchaser for value
(d) the action is filed after the certificate of title had already become final
and incontrovertible but within four years from the discovery of fraud,
or not later than 10 years in the case of an implied trust
Prescriptive period of Action for Reconveyance
(a) 4 years from discovery of fraud
(b) 10 years if based on implied trust
(c) imprescriptible if based on a void contract
(d) imprescriptible if based on a fictitious deed
(e) imprescriptible if plaintiff is in actual possession
Quieting of Title
Art. 476
Whenever there is a cloud on title to real property or any interest
therein, by reason of an 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, and action may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast
upon title to real property or any interest therein.
What is a cloud on title?
A cloud is said to be a semblance of a title, either legal or equitable, or a
cloud of an interest in land appearing in some legal form but which is, in fact,
unfounded, or which it would be inequitable to enforce.
Note: Action for quieting title is imprescriptible until claimant is ousted of
possession.
Requisites to Quiet Title
(1) the plaintiff or complainant has a legal or an equitable title to or
interest in the real property subject of the action
(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
Trust
Trust is the legal relationship between one person having an equitable
ownership in property and another person owning the legal title to such

property, the equitable ownership of the former entitling him to the

performance of certain duties and the exercise of certain powers by the latter.
Express Trust vs Implied Trust
A trust is either express or implied.
Express trusts are created by the direct and positive acts of the parties, by
some writing or deed or will or by words evidencing an intention to create a
trust. No particular words are required for the creation of an express trust, it
being sufficient that a trust is clearly intended.
Implied trusts are those, which, without being expressed, are deducible from
the nature of the transaction as matters of intent, or which are superinduced
on the transaction by operation of law as matters of equity, independently f
the particular intention of the parties. In turn, implied trusts are either
resulting or constructive trusts.
Resulting Trusts are based on the equitable doctrine that valuable
consideration and not legal title determines the equitable title or
interest and are presumed always to have been contemplated by the
parties. They arise from the nature or circumstances of the
consideration involved in a transaction whereby one person thereby
becomes invested with legal title but is obligated in equity to hold his
legal title for the benefit of another.
Constructive trusts are created by the construction of equity in order
to satisfy the demands of justice and prevent unjust enrichment.
They arise contrary to intention against one who, by fraud, duress or
abuse of confidence, obtains or holds the legal right to property
which he ought not, in equity and good conscience, to hold.
6. Damages (Sec. 32, PD1529)
When an action for reconveyance is no longer feasible because the
property has already passed to the hands on an innocent purchaser for
value, the aggrieved party can file an action for damages against the
persons responsible for depriving him of his right or interest in property. A
person who has not challenged an application for registration of land
cannot allege damage or error against the judgment ordering the
registration in as much as he did not allege or pretend to have any right
to such land.
7. Claim against the Assurance Fund (Sec. 95, PD1529)
Sec. 95 Action for Compensation of 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.
When an action for reconveyance is no longer feasible because property
is now in the hands of a purchaser value, and damages cannot be paid
by the party who caused fraud due to insolvency, aggrieved party may
file an action against the Treasurer of the Philippines for the recovery of
damages from the Assurance Fund.
Indispensable parties in an action against the Assurance Fund:
(1) Register of Deeds of the province or city where the land is situated
(2) National Treasurer
(3) As well as other persons involved (court personnel or employees of
ROD)
8. Reversion (Sec. 101, CA141)
Reversion connotes restoration of public land fraudulently awarded
or disposed of to private individuals or corporations to the mass of the
public domain. It is instituted by the Government, through the Solicitor
General, pursuant to Sec. 101 of the Public Land Act (CA141).
Action for reversion is filed with the CA.
Does laches and estoppel apply to the Government?
General rule is that an action to recover lands of the public domain is
imprescriptible, said right cab be barred by laches and estoppel.
Equitable estoppel may be invoked against the State when, for example,
the lot was already alienated to innocent buyers for value and the
Government did not take any action to contest the title for an reasonable
length of time, 27 years. (Yujuico vs CA)
9. Cancellation of Title (Rule 47, ROC)
In contrast to an action for reversion which is filed by the government
through the Solicitor General, an action for cancellation is initiated by a
private property usually in a case where there two titles issued to
different persons for the same land.
10. Annulment of Judgment (Rule 47, ROC)
Annulment by the CA of judgments or final orders and resolutions in civil
actions of RTC for which the ordinary remedies of new trial, appeal,

petition for relief or other appropriate remedies are no longer available

through no fault of the petitioner.
Annulment of Judgment is a recourse equitable in character, allowed only
in exceptional cases as where there is no available or other adequate
remedy.
Grounds for annulment:
a. extrinsic fraud (prescription: 4 years from discovery)
b. lack of jurisdiction or denial of due process (prescription: before
barred by laches or estoppel)
Effect of Annulment

A judgment of annulment shall set aside the questioned judgment or final

order or resolution and render the same null and void, without prejudice
to the original action being refilled in the proper court. However, where
the judgment or final order or resolution is set aside on the ground of
extrinsic fraud, the court may on motion order the trial court to try the
case as if a timely motion for new trail had been granted therein.
11. Criminal Prosecution (RPC)
The State may criminally prosecute for perjury the party who obtains
registration through fraud, such as by stating false assertions in the
application for registration, sworn answer required of applicants in
cadastral proceedings, or application for public land patent.