SERAPIO, Stephanie A.

119152

REMEDIES AVAILABLE TO THE PARTIES TO QUESTION A DECISION OF DECREE OF

REGISTRATION

REMEDY WHEN TO FILE NOTES GROUNDS

Motion to Lift/Set Before Judgment
Aside Order of Default
Motion for New Trial 15 days from notice of RTC where land is  Fraud, Accident,
judgment located Mistake, Excusable
Negligence which
ordinary prudence
could not have
guarded against
 Newly discovered
evidence
 Award of excessive
damages/insufficiency
of evidence to justify
decision or that the
decision is against the
law.
Appeal 15 days from notice of To CA/SC
judgment
Relief from Judgment AFTER JUDGMENT REQUISITES:
60 days after petitioner a. FAME, with affidavit of
learns of the judgment but merit; in case of extrinsic
not more than 6 months fraud, state that deprived of
after judgment was hearing or prevented from
entered appealing
b. After judgment
c. Person deprived of right is
party to case
Petition for Review of Within 1 year after entry NOTE: will not prosper GROUNDS:
Registration for of decree of registration if transferred to a a. actual or extrinsic fraud,
Decree innocent purchaser for committed outside trial,
value preventing petitioner from
presenting his side b. fatal
infirmity in the decision for
want of due process
c. lack of jurisdiction of the
court

REQUISITES:
a. Petitioner has a real and
dominical right
b. He has been deprived of
such right
 c. Through actual or extrinsic
fraud
d. The petition is filed within 1
year from the issuance of the
decree
e. The property has not been
passed on to an innocent
purchaser for value

ACTION FOR Before issuance of  Available as long

RECONVEYANCE decree/ 1 year after entry as property has not
yet passed to
innocent purchaser
for value
 Available to
aggrieved party
whose property
was registered
wrongly to another
person
RECOVERY FOR 1 year from decree REQUISITES:
DAMAGES a. Person is wrongfully
deprived of his land by
registration in name of another
(actual or constructive fraud
b. No negligence on his part c.
Barred/ precluded from
bringing an action (after 1 year
from decree)
d. Action for compensation
has not prescribed
ACTION FOR 6 years from date of issue REQUISITES:
COMPENSATION of the certificate of title a. The aggrieved party
FROM THE sustained loss or daamage, rein
ASSURANCE FUND , damage or sioned ation or is
deprived of any land or any
estate or interest therein
b. Such loss, damage
deprivation was occasioned by
the bringing of the land under
the operation of the Torrens
system or arose after the
original registration of the
land.
c. The loss, damage or
deprivation was due to fraud,
or any error, omission,
mistake, or misdescription in
any certificate of title or in
 entry or memorandum in the
registration book
d. There was no negligence on
his part
e. He is barred or precluded
under the provisions of PD
1529 or under the provisions of
any law from bringing an
recovery of such land or the
estate or interest therein;
f. The action has not
prescribed: must be instituted
within a period of 6 years from
the time the right to bring such
action first occurred-which
date of issue of the certificate
of title
g. Execution first against
person responsible for fraud; if
insolvent, against national
treasury
CANCELLATION  It is the  When two certificates
SUITS aggrieved party of title are issued to
that institutes different persons
the action covering the same
 In case of non- parcel of land in
registered land, whole or in part;
must be filed by  When certificate of
the OSG for title is issued covering
cancellation of a non‐registrable
title or property;
reversion to  Other causes such as
State when the certificate
 Voiding or of title is issued
cancellation of pursuant to a
OCT does not judgment that is not
affect final or when it is
derivative TCTs issued to a person
if their holders who did not claim and
not given applied for the
opportunity to registration of the
be heard and land covered
defend their
title
QUIETING OF
TITLE