LTD: WEEK 6 a) Fraud, accident, mistake, excusable negligence

b) Newly discovered evidence

Goals, Objectives and Readings
 This is quite a long topic but the length is necessary because of its Queries: Is failure of a party’s counsel to attend trial for lack of advance notice an
importance. I urge you to read at least the digests of the cases if you accident sufficient to grant a motion for new trial? What about failure to attend
cannot read the originals. It is mandatory however that you read Agcaoili's due to forgetfulness? READ: Talavera vs. Mangoba, 8 SCRA 837 (1963)
textbook annotations and discussions.
Is failure to hire new counsel excusable negligence? READ: Antonio vs. Ramos, 2
Module 6 Goals: Read mandatory reading assignments. Listen to lectures, and/or SCRA 731 (1961)
view videos for each individual page in sequence.
What are the requisites for invoking newly-discovered evidence as a ground for
Module 3: Objective new trial? READ: People vs. Dela Cruz, 207 SCRA 632 (1992)
 To identify and explain the various remedies of a person aggrieved in the
registration of land. Who may file? READ: Republic vs. Director of Lands, 71 SCRA 426 (1976)
 Agcaoili – Pages 278-349
Appeal
Remedies in general Reglementary period: 15 days from receipt. READ: Sec. 30 & 33, PD 1529 in
The Torrens system is not perfect. It has its pitfalls but these pitfalls do not relation to Sec. 39, Batas Pambansa Blg. 129 (Judiciary Reorganization Act of
detract from the merits of the system. Our citizens must be made aware that 1980) and Sec. 1(e), PD 478.
despite these pitfalls, there are safeguards provided by law and there are As against the government. READ: Republic vs. Sayo, 191 SCRA 71; Republic vs.
remedies within their reach. Ubi jus, ibi remedium (Where there is a right, there is CA, 135 SCRA 156
a remedy.)
Note: Despite the pendency of the appeal, the court retains jurisdiction until the
What follows are the different remedies to the aggrieved parties. The question expiration of one year from the issuance of the decree of registration. READ:
may be asked: Can these remedies be availed of at the same time? Bearing in Gomez vs. Court of Appeals, 168 SCRA 503; HENCE, the case may still be
mind that these remedies are alternative options, any one of which may be availed reopened and the decision set aside when granted. READ: Cayanan vs. Estenzo,
of depending on the circumstances of the particular case, the answer is NO. The 21 SCRA 1348
exception is with regard to the recovery of damages which may be availed of
simultaneously with some other remedies. Thus an action for reconveyance and Requirements. READ: Republic vs. Estenzo, 158 SCRA 282
damages is permissible; and damages may be filed simultaneously with a petition
Queries: When is appeal not deemed perfected? READ: Heirs of Cristobal Marcos
for relief from judgment or with a petition for review of the decree of registration.
vs. De Banuvar, 25 SCRA 316
Motion for new trial/motion for reconsideration
What is the effect of failure to appeal? READ: Nieto vs. Quines, 6 SCRA 74
What rule governs? READ: Rule 37, Revised Rules of Court
Is execution pending appeal allowed in registration proceedings? READ: Director of
Whenever a party to a pending action dies, and the claim is not thereby Lands vs. Reyes, 68 SCRA 177
extinguished, it shall be the duty of his counsel to inform the court within thirty
If the decision in a land registration case was issued by the First Level Courts
(30) days after such death of the fact thereof, and to give the name and address
(MTCs, METCs, etc.), where shall the appeal be filed?
of his legal representative or representatives.
Petition for relief from judgment
Grounds. READ: Rule 37, Revised Rules of Court
What rule governs? READ: Rule 38, Revised Rules of Court negligence relied upon, and the facts constituting the petitioner's good and
substantial cause of action or defense, as the case may be. (3)
Grounds. READ: Section 2, Rules of Court
Section 4. Order to file an answer. — If the petition is sufficient in form and
The claims of a party are asserted in a complaint, counterclaim, cross-claim, third substance to justify relief, the court in which it is filed, shall issue an order
(fourth, etc.)- party complaint, or complaint-in-intervention. The defenses of a requiring the adverse parties to answer the same within fifteen (15) days from the
party are alleged in the answer to the pleading asserting a claim against him. receipt thereof. The order shall be served in such manner as the court may direct,
Reglementary period: 60 days after petitioner learns of the judgment, final order together with copies of the petition and the accompanying affidavits. (4a)
or proceeding to be set aside BUT not more than six months after ENTRY of the
Section 5. Preliminary injunction pending proceedings. — The court in which the
judgment, final order or such proceeding taken. READ: Sections 1 & 2, Rule 38, petition is filed may grant such preliminary injunction as may be necessary for the
Rules of Court
preservation of the rights of the parties, upon the filing by the petitioner of a bond
Form of the petition. READ: Section 3, Rules of Court in favor of the adverse party, conditioned that if the petition is dismissed or the
petitioner fails on the trial of the case upon its merits, he will pay the adverse
When a pleading asserting a claim states a common cause of action against party all damages and costs that may be awarded to him by reason of the
several defending parties, some of whom answer and the others fail to do so, the issuance of such injunction or the other proceedings following the petition, but
court shall try the case against all upon the answers thus filed and render such injunction shall not operate to discharge or extinguish any lien which the
judgment upon the evidence presented. adverse party may have acquired upon, the property, of the petitioner. (5a)
Who may avail of the remedy? READ: Rule 38, Rules of Court Section 6. Proceedings after answer is filed. — After the filing of the answer or the
expiration of the period therefor, the court shall hear the petition and if after such
RULE 38, RULES OF COURT Relief from Judgments, Orders, or Other
hearing, it finds that the allegations thereof are not true, the petition shall be
Proceedings
dismissed; but if it finds said allegations to be true, it shall set aside the judgment
Section 1. Petition for relief from judgment, order, or other proceedings. — When or final order or other proceeding complained of upon such terms as may be just.
a judgment or final order is entered, or any other proceeding is thereafter taken Thereafter the case shall stand as if such judgment, final order or other
against a party in any court through fraud, accident, mistake, or excusable proceeding had never been rendered, issued or taken. The court shall then
negligence, he may file a petition in such court and in the same case praying that proceed to hear and determine the case as if a timely motion for a new trial or
the judgment, order or proceeding be set aside. (2a) reconsideration had been granted by it. (6a)

Section 2. Petition for relief from denial of appeal. — When a judgment or final Section 7. Procedure where the denial of an appeal is set aside. — Where the
order is rendered by any court in a case, and a party thereto, by fraud, accident, denial of an appeal is set aside, the lower court shall be required to give due
mistake, or excusable negligence, has been prevented from taking an appeal, he course to the appeal and to elevate the record of the appealed case as if a timely
may file a petition in such court and in the same case praying that the appeal be and proper appeal had been made. (7a)
given due course. (1a)
Query: May a petition for relief from judgment be availed of in a case where the
Section 3. Time for filing petition; contents and verification. — A petition provided decision was received by the aggrieved party more than seven months after it was
for in either of the preceding sections of this Rule must be verified, filed within issued by the court? READ: Bernabe vs. CA, GR No. L-18278, 30 March 1967.
sixty (60) days after the petitioner learns of the judgment, final order, or other
Petition for reopening/review of the decree of registration
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 Petition for reopening/review/ of the decree of registration. READ: Sec. 32, PD
accompanied with affidavits showing the fraud, accident, mistake, or excusable 1529
  Who may avail of the remedy? READ: Sec. 32, PD 1529  What is the purpose of an action for reconveyance? READ:
 Who is an aggrieved party? READ: Garcia vs. Mendoza, 203 SCRA Alegria vs. Dirlong, GR No. 161317, 16 July 2008, 558 SCRA 459
732 (1991) (2008); READ also: Rodriguez vs. Torena, 79 SCRA 356 (1977)
 May a defaulted party avail of the remedy. Reasons. READ:  What is the essence of an action for reconveyance? Is an
Rublico vs. Orellano, 30 SCRA 511 (1969) action for reconveyance available to recover lands covered
 May a person who was deprived of an opportunity to be heard in by a free patent? READ: Daclag vs. Macahilig, GR No.
the original registration case file the petition? READ: Crisolo vs. 159578, 28 July 2008, 560 SCRA 137 (2008)
CA, 68 SCRA 435 (1975)  Does reconveyance seek to reopen the proceedings? READ:
 May a homestead applicant avail of the remedy. READ: Cruz vs. Bautista-Borja vs. Bautista, G.R. No. 136197, December 10, 2008
Navarro, 54 SCRA 109 (1973)  Memorize the requisites of an action for reconveyance. (a) the action must
 May a person who does not claim the land to be his private be brought in the name of the person claiming ownership or dominical
property but admits that such land is public avail of the remedy. right over the land registered in the name of the defendant; (b) the
READ: Boniel vs. Reyes, 35 SCRA 218 (1970) registration of the land in the name of the defendant was procured
 Where to file? READ: Baldoz vs. Papa, 14 SCRA 691 (1965) through fraud or other illegal means; (c) the property has not yet passed
 When to file? 1 year from issuance of decree by LRA. READ: Sec. 32, PD to an innocent purchaser for value; (d) the action is filed after the
1529 certificate has become final and incontrovertible but within 4 years from
 What are the essential requisites of a petition to reopen/review the the discovery of the fraud or not later than 10 years in the case of an
decree? READ: Walstrom vs. Mapa Jr., 181 SCRA 431 (1990) implied trust. READ: New Regents vs. Tanjuatco, GR No. 168800, 16 April
 Define actual or extrinsic fraud; differentiate it from intrinsic fraud. 2009:
READ: Sterling Investment Corp. vs. Ruiz, 30 SCRA 318 (1969)  Who institutes actions for reversion of public lands fraudulently awarded?
 What are the different kinds of fraud? What kind or fraud is In whose name? READ: Section 101, Commonwealth Act No. 141
allowed as a ground to review or reopen a land registration
decree? READ: Mendoza v. Valte, G.R. No. 172961, 7 September SECTION 101. All actions for the reversion to the Government of lands of
2015. the public domain or improvements thereon shall be instituted by the
 Cite specific instances of actual or extrinsic fraud. READ: Ramirez Solicitor-General or the officer acting in his stead, in the proper courts, in
vs. CA, 144 SCRA 292 (1986) the name of the Commonwealth of the Philippines.
 Is a petition for reopening of the decree of registration different from an
action for reconveyance? Distinguish the two remedies from each other.  When may an action for reconveyance be brought? READ: New Regents
READ: Heirs of Dolleton vs. Fil-estate Management, GR No. 100750, 7 vs. Tanjuatco, GR No. 168800, 16 April 2009; READ ALSO: Municipality of
April 2009 Victorias vs. CA, 149 SCRA 32 (1987)
 When shall the prescriptive period be counted? READ: Daclag vs.
Action for reconveyance
Macahilig, GR No. 159578, 28 July 2008, 560 SCRA 137 (2008)
 State the legal basis of an action for reconveyance. READ: 3rd par., Sec.  In what instances is an action for reconveyance imprescriptible?
53 & 96, PD 1529 READ: Santos vs. Heirs of DomingaLustre, GR No. 151016, 6
 What is the nature of an action for reconveyance? READ: Uy v. Court of August 2008, 561 SCRA120 (2008)
Appeals, G.R. No. 173186. September 16, 2015; READ also: Esconde vs.  What is the rule on the form of pleading required? READ: Cabrera vs. CA,
Borlongay, 152 SCRA 603 (1987) 163 SCRA 214 (1988)
 Grounds:
  When may fraud be a ground for reconveyance? READ: Esconde The Office of the Solicitor General shall be headed by the Solicitor General,
vs. Borlongay, 152 SCRA 603 (1987); who is the principal law officer and legal defender of the Government. He
 Justify the return of the property if fraud is proven. shall have the authority and responsibility for the exercise of the Office's
READ: Huang vs. CA, G.R. No. 198525, 13 September mandate and for the discharge of its duties and functions, and shall have
1994. supervision and control over the Office and its constituent units.
 When may an implied or constructive trust be a ground for
reconveyance? What are the possible defenses? READ: The Solicitor General shall be assisted by a Legal Staff composed of fifteen
Villagonzalo vs. IAC, 167 SCRA 535 (1988); (15) Assistant Solicitors General, and such number of Solicitors and Trial
 When is prescription inapplicable as a ground? READ: Alzona vs. Attorneys as may be necessary to operate the Office, which shall be
Capunitan, 4 SCRA 450 (1962); Vda. De Jacinto vs. Vda. De divided into fifteen (15) divisions: Provided, That the Solicitor General may
Jacinto, 5 SCRA 371 (1962); Almarza vs. Arquelles, 156 SCRA 718 assign or transfer the Assistant Solicitors General, Solicitors or Trial
(1987) Attorneys to any of the divisions.
 When may an express trust be a ground for reconveyance? READ:
Tamayo vs. Callejo, 46 SCRA 27 (1972) Section 35. Powers and Functions. - The Office of the Solicitor General
 Discuss the nature of a void contract to justify reconveyance. shall represent the Government of the Philippines, its agencies and
READ: Castillo vs. Heirs of Madrigal, 198 SCRA 556 (1991) instrumentalities and its officials and agents in any litigation, proceeding,
investigation or matter requiring the services of lawyers. When authorized
Action for damages
by the President or head of the office concerned, it shall also represent
 What is the legal basis of an action for damages? READ: Sec. 32, PD 1529 government-owned or controlled corporations. The Office of the Solicitor
 Against whom may an action for damages be filed? READ: Ching vs. CA, General shall constitute the law office of the Government and, as such,
181 SCRA 9 shall discharge duties requiring the services of lawyers. It shall have the
following specific powers and functions:
Action for compensation from the Assurance Fund
Represent the Government in the Supreme Court and the
 Legal basis? READ: Sections 93 & 94, PD 1529
Court of Appeals in all criminal proceedings; represent the
 Who may file? READ: Sec. 95, PD 1529
Government and its officers in the Supreme Court, the Court
 Requisites? READ: Sec. 95, PD 1529.
of Appeals, and all other courts or tribunals in all civil actions
Reversion and special proceedings in which the Government or any
officer thereof in his official capacity is a party.
 Who institutes an action for reversion? READ: Sec. 95, Chapter XII, EO
No. 292.  What are the grounds for reversion:
 In all cases where lands of public domain are held in violation of
"Section 101. All actions for the reversion to the Government of lands of the Constitution. READ: Sec. 95, Chapter XII, EO No. 292.
the public domain or improvements thereon shall be instituted by the  Where lands of the public domain are fraudulently obtained. How
Solicitor General or the officer acting in his stead, in the proper courts, in was it exemplified in this case? READ: Hermosilla vs. Remoquillo,
the name of the [Republic of the Philippines]." GR No. 167320, 30 January 2007
 Why was the reversion petition improperly filed in the RTC in this case?
CHAPTER 12 OFFICE OF THE SOLICITOR GENERAL READ: Yujuico vs. Republic, GR No. 168861, 26 October 2007

Cancellation Suits
Where two certificates of title are issued to different persons covering the same Section 2. Summary settlement of estate of small value. — Whenever the
land in whole or in part, which title must prevail and which title shall be cancelled? gross value of the estate of a deceased person, whether he died testate or
Reasons? READ: Republic vs Hachero, GR No. 200973, 30 May 2016. intestate, does not exceed ten thousand pesos, and that fact is made to
appear to the Court of First Instance having jurisdiction of the estate by
Annulment of Judgment the petition of an interested person and upon hearing, which shall be held
 What rule governs? READ: Rule 74, Rules of Court not less than one (1) month nor more than three (3) months from the
 When brought? Which court? READ Rule 74, Rules of Court date of the last publication of a notice which shall be published once a
week for three (3) consecutive weeks in a newspaper of general
RULE 74 Summary Settlement of Estate circulation in the province, and after such other notice to interest persons
as the court may direct, the court may proceed summarily, without the
Section 1. Extrajudicial settlement by agreement between heirs. — If the appointment of an executor or administrator, and without delay, to grant,
decedent left no will and no debts and the heirs are all of age, or the if proper, allowance of the will, if any there be, to determine who are the
minors are represented by their judicial or legal representatives duly persons legally entitled to participate in the estate, and to apportion and
authorized for the purpose, the parties may without securing letters of divide it among them after the payment of such debts of the estate as the
administration, divide the estate among themselves as they see fit by court shall then find to be due; and such persons, in their own right, if
means of a public instrument filed in the office of the register of deeds, they are of lawful age and legal capacity, or by their
and should they disagree, they may do so in an ordinary action of
partition. If there is only one heir, he may adjudicate to himself the entire guardians or trustees legally appointed and qualified, if otherwise, shall
estate by means of an affidavit filled in the office of the register of deeds. thereupon be entitled to receive and enter into the possession of the
The parties to an extrajudicial settlement, whether by public instrument or portions of the estate so awarded to them respectively. The court shall
by stipulation in a pending action for partition, or the sole heir who make such order as may be just respecting the costs of the proceedings,
adjudicates the entire estate to himself by means of an affidavit shall file, and all orders and judgments made or rendered in the course thereof shall
simultaneously with and as a condition precedent to the filing of the public be recorded in the office of the clerk, and the order of partition or award,
instrument, or stipulation in the action for partition, or of the affidavit in if it involves real estate, shall be recorded in the proper register's office.
the office of the register of deeds, a bond with the said register of deeds,
in an amount equivalent to the value of the personal property involved as Section 3. Bond to be filed by distributees. — The court, before allowing a
certified to under oath by the parties concerned and conditioned upon the partition in accordance with the provisions of the preceding section, my
payment of any just claim that may be filed under section 4 of this rule. It require the distributees, if property other than real is to be distributed, to
shall be presumed that the decedent left no debts if no creditor files a file a bond in an amount to be fixed by court, conditioned for the payment
petition for letters of administration within two (2) years after the death of of any just claim which may be filed under the next succeeding section.
the decedent.
Section 4. Liability of distributees and estate. — If it shall appear at any
The fact of the extrajudicial settlement or administration shall be time within two (2) years after the settlement and distribution of an estate
published in a newspaper of general circulation in the manner provided in in accordance with the provisions of either of the first two sections of this
the nest succeeding section; but no extrajudicial settlement shall be rule, that an heir or other person has been unduly deprived of his lawful
binding upon any person who has not participated therein or had no participation in the estate, such heir or such other person may compel the
notice thereof. settlement of the estate in the courts in the manner hereinafter provided
for the purpose of satisfying such lawful participation. And if within the
same time of two (2) years, it shall appear that there are debts
outstanding against the estate which have not been paid, or that an heir
 or other person has been unduly deprived of his lawful participation Article 478. There may also be an action to quiet title or remove a cloud therefrom
payable in money, the court having jurisdiction of the estate may, by when the contract, instrument or other obligation has been extinguished or has
order for that purpose, after hearing, settle the amount of such debts or terminated, or has been barred by extinctive prescription.
lawful participation and order how much and in what manner each
Article 479. The plaintiff must return to the defendant all benefits he may have
distributee shall contribute in the payment thereof, and may issue
received from the latter, or reimburse him for expenses that may have redounded
execution, if circumstances require, against the bond provided in the
to the plaintiff's benefit.
preceding section or against the real estate belonging to the deceased, or
both. Such bond and such real estate shall remain charged with a liability Article 480. The principles of the general law on the quieting of title are hereby
to creditors, heirs, or other persons for the full period of two (2) years adopted insofar as they are not in conflict with this Code.
after such distribution, notwithstanding any transfers of real estate that
may have been made. Article 481. The procedure for the quieting of title or the removal of a cloud
therefrom shall be governed by such rules of court as the Supreme Court shall
Section 5. Period for claim of minor or incapacitated person. — If on the promulgated.
date of the expiration of the period of two (2) years prescribed in the
Criminal action
preceding section the person authorized to file a claim is a minor or
mentally incapacitated, or is in prison or outside the Philippines, he may What criminal actions may be brought by an aggrieved party?
present his claim within one (1) year after such disability is removed.
READ:
 Article 312 (Occupation of real property or usurpation of real rights in
 When do you count the prescriptive period? READ: Sec. 3, Rule
property);
74, Rules of Court and Galicia vs. Manliquez, GR No. 155785, 13
April 2007
ARTICLE 312, REVISED PENAL CODE. — Usurpation of real rights in
Quieting of title property is committed by any person who, by means of violence against
or intimidation of persons, shall take possession of any real property or
Legal basis? READ: Articles 476 to 481, Civil Code of the Philippines. shall usurp any real rights in property belonging to another.

CHAPTER 3 Quieting of Title (n)  Article 313 (Altering boundaries or landmarks)

Article 476. Whenever there is a cloud on title to real property or any interest
The crime of altering of boundaries or landmarks is committed by any
therein, by reason of any instrument, record, claim, encumbrance or proceeding person who shall alter the boundary marks or monuments of towns,
which is apparently valid or effective but is in truth and in fact invalid, ineffective, provinces or estates, or any other marks intended to designate the
voidable, or unenforceable, and may be prejudicial to said title, an action may be boundaries of the same (Article 313, Revised Penal Code).
brought to remove such cloud or to quiet the title.
 Is a prosecution for perjury/falsification available as a remedy? READ:
An action may also be brought to prevent a cloud from being cast upon title to real
People vs Cainglet, GR No. L-21493, 29 April 1966, 16 SCRA 748
property or any interest therein.

Article 477. The plaintiff must have legal or equitable title to, or interest in the real
property which is the subject matter of the action. He need not be in possession of
said property.