LTD FINALS REVIEWER

SUBSEQUENT DEALINGS

I. SUBSEQUENT REGISTRATION
● This treats the voluntary and involuntary dealings with registered lands.

Voluntary Dealings Involuntary Dealings

As to Concept
Refers to deeds, instruments or documents Refers to the writ, order or process issued by a
which are results of the free and voluntary acts court of record affecting registered land which
of the parties by law should be registered to be effective

Such instruments which are not the willful acts

of the registered owner and which may have
been executed even without his knowledge or
against his consent.

Among involuntary dealings to be registered

As to Kinds
1. Sale;
2. Real property mortgage;
3. Lease;
4. Pacto de retro sale;
5. Extra-judicial settlement;
6. Free patent/homestead;
7. Powers of attorney; and
8. Trusts
As to Effects of Registration
An innocent purchaser for value of registered
land becomes the registered owner the
moment he presents and files a duly notarized
and valid deed of sale, which is also entered in
the day book at the same time he presented
the owner’s duplicate of the certificate of title
are those attachments, sale on execution or for
taxes, or for any assessment, adverse claim and
notice of lis pendens.
1. Attachment;
2. Mandamus;
3. Sale on execution of judgment or sales for
taxes;
4. Adverse claims;
5. Notice of lis pendens;
6. Expropriation;
7. Forfeiture; and
8. Auction sale on foreclosure of mortgage.
Entry in the day book of the Register of Deeds is
sufficient notice to all persons even if the
owner’s duplicate certificate of title is not
presented to the Register of Deeds.

Claim or Interest is Adverse When:

1. Claimant’s right or interest in the registered land is adverse to the registered owner;
2. Such right arose subsequent to the date of original registration; and
3. No other provision is made in the Decree for the registration of such right or claim.

Adverse Claim: A notice to 3rd persons that someone is claiming an interest on the property or has a better right than the registered
owner and that any transaction regarding the disputed land is subject to the outcome of the dispute.

Notice of Lis Pendens: it is intended to constructively advise or warn all people who deal with the property that they so deal with it at
their own risk.
 II. Remedies

REMEDIES DEFINITION PROPER PARTY TO REGLEMENTARY/PRES WHERE AND WHEN IT IS

FILE CRIPTION PERIOD AVAILABLE

1. New Trial or Within the period for taking
Reconsideration an appeal, the aggrieved
(Rule 37) party may move the trial
court to set aside the
judgment or final order and
grant a new trial.
If the motion for new trial is
granted, the judgment is set
aside
If the MR is granted, the
judgment is merely amended
The motion shall be made in
writing stating the ground/s
and a written notice shall be
served by the movant on the
adverse party.
MR shall point out
specifically the findings or
conclusions of the judgment
or final order which are not
supported by the evidence or
are contrary to law.
No motion for extension of
time to file a motion shall be
allowed.
Aggrieved party Within the 15 day period An appeal on one or more of
from notice of the the following grounds:
1. the applicant or judgment or final order 1.
oppositor in ordinary for perfecting an appeal
land proceedings; or
Where a record on
2. petitioner or appeal is required, the
claimant in cadastral appellant shall file a
proceedings notice of appeal and a
record on appeal within
30 days after notice of
the judgment or final
order 2.
3.
Extrinsic fraud,
accident, mistake or
excusable negligence
(FAME) which ordinary
prudence could not
have guarded against
and by reason of which
such aggrieved party
has probably been
impaired of his rights.
Newly discovered
evidence after trial,
which he could not,
with reasonable
diligence, have
discovered, and
produced at the trial
and which if presented
would have altered the
results;
Award of excessive
damages, or
insufficiency of
evidence to justify the
decision
2. Relief from When a judgment or order is
judgment entered, or other proceeding
(Rule 38) is taken, against a party in a
CFI (RTC) through FAME, he
may file a petition in such
court and in the same cause
praying that the judgment,
order or proceeding be set
aside” Sec. 2, Rule 38 (ROC)
Parties may only seek that
the judgment, order or
proceeding be set aside if the
judgment or order is entered
or proceedings taken against
the party in any court
through accident, mistake or
excusable negligence.
Accompanied with affidavits
showing the FAME relied
upon, and the facts
constituting the petitioner’s
good and substantial causes
of action or defense.
Extrinsic fraud is required
Final judgment is one that
finally disposes of a case,
leaving nothing to be done
by the court in its respect.
3. Appeal to the May be taken from a
CA or SC in judgment or final order that
ordinary actions completely disposes of the
under Sec. 33 of case, or of a particular
PD 1529 matter therein when
declared by the Rules of
Court to be appealable
Mode of Appeal:
1. Ordinary Appeal:
Notice of appeal is filed with
the court which rendered the
judgment or order and
serving a copy to the adverse
party.
2. Petition for Review:
Only a party, either Appeal must conform to Relief under Rule 38 may only
the applicant or the the following: be availed of when:
opposition, may 1. The judgment has become
avail. 1 Verified; final and executory
2. Filed within 60 days 2. When a new trial is not
after the petitioner available.
learns of the judgment,
order or other Petition for relief and motion
proceeding; and for new trial are exclusive of
3. Not more than 6 each other. When another
months or 180 days after remedy is open to a party, he
such judgment or order cannot invoke such remedy.
was entered, or such
proceeding was taken. Relief will not be granted to a
party when the loss of the
remedy was due to his own
negligence or mistaken mode
of procedure.
Period of ordinary Perfection of appeal
appeal – Must be within Appeal by notice - filing the
15 days from notice of notice in due time. When the
judgment or final order court loses jurisdiction over
appealed from. When a the case:
record of appeal is 1. Upon perfection of
required, within 30 days the appeal; and
from a notice of 2. Expiration of the
judgment, a fresh 15 time to appeal of the
days will be granted. The other parties.
period shall be
interrupted by timely Appeal by record - Approval
motion for new trial or of the record on appeal filed in
reconsideration. due time. When the court
loses jurisdiction over the
subject matter:
1. Upon the approval
 Appeal to the CA in cases
decided by the RTC under
Rule 42
3. Petition for Certiorari:
Where only questions of law
are raised under Rule 45
4. Petition for There must be a concurrence
Review (Sec. 32) of the following essential
requisites:
1. Petitioner has a real
and dominical right;
2. He has been deprived
thereof;
3. Through fraud;
4. Petition is filed within
1 year from issuance
of the decree; and
5. The property has not
yet passed to an
innocent purchaser for
value.
Only extrinsic or collateral
fraud is a ground for a
petition for review.
Extrinsic fraud can be
employed to deprive a part
of his day in court,
preventing him from
asserting his rights.
It may also be reviewed
based on other grounds:
1. By reason of a fatal
infirmity in the
decision, or for want
of due process;
2. For lack of jurisdiction
of the court.
of the records on
appeal filed in due
time; and
2. Expiration of the
time to appeal of the
other parties.
GR: The decree shall Courts may reopen To avail of the petition:
not be reopened or proceedings already 1. Petitioner must have
revised by reason of closed by final decision an estate or interest
absence, minority, or or decree when the over the land
other disability of application for review is 2. Must show actual
any person adversely filed by the party fraud in the
affected thereby. aggrieved within 1 year procurement of the
from the issuance of
Exception: A person decree
the decree of
that has been 3. Must be field not
registration (Eland PH,
deprived of the land later than 1 year
Inc. vs. Garcia)
by fraud, may from and after the
reopen the decision date of the entry of
Upon the expiration of
for review not later such registration
said period of 1 year, the
than 1 year from the 4. Property has not yet
decree of registration
entry of the decree. passed to an
and the certificate of title
Exception to the innocent purchaser
issued shall become
exception: Innocent for value.
incontrovertible.
purchaser for value.
A mere claim of ownership is
not sufficient to avoid a
“Any person, certificate of title obtained
including the under the Torrens system.
government and the
branches thereof,
deprived of land or
of any estate or
interest therein”
may a petition for
review to set aside
the decree of
registration. (Sec. 32,
PD No. 1529)
5. Action for A legal and equitable remedy Available not only to May be field within 1 Grounds for Reconveyance:
reconveyance granted to the rightful the legal owner but year from issuance of the 1. Action is brought by the
landowner, whose land was also the person with decree. party in interest after 1
wrongfully registered in the a better right than After 1 year, the only year from issuance of
name of another, to compel the person under remedies are: decree;
the registered owner to whose name the 1. Reconveyance 2. Registration was
transfer or convey the land property was 2. Damages, if the procured through
to him. erroneously property has actual fraud;
registered. passed into the 3. Property has not yet
It seeks to transfer the title hands of an passed to innocent
of the property to its rightful An aggrieved party innocent purchaser for value.
owner or a person who has a need not wait for the purchaser for
better right. issuance of a decree value. But a party may file an action
of registration for reconveyance of the
Action is personam and is before he can bring After the lapse of 1 year property of which he has been
binding only on persons an action for from entry, a decree of illegally deprived even before
impreaded reconveyance. registration is no longer the issuance of the decree.
open to review or attack,
In civil actions involving The party seeking even though the issuance Filed as an ordinary action in
title to or interest in reconveyance must thereof may have been the ordinary courts, and not in
property, jurisdiction rets recognize the attended by fraud and the land registration court
with the RTC where the validity of the that the Torrens title may
assessed value exceeds certificate of title. be inherently defective. • RTC has jurisdiction where
P20,000 or P50,000 in MM. The land must still the assessed value of the
be registered in the Prescription: property exceeds P 20,000 or
name of the person 1. Based on fraud in Metro Manila, where such
who procured the - 4 years value exceeds P 50,000
wrongful 2. Based on If the assessed value is lower,
registration. implied trust - the first level court having
10 years territorial jurisdiction shall
3. Based on a void have exclusive original
contract - jurisdiction
imprescriptible
4. Action to quiet The following determine
title where which court has
plaintiff is in jurisdiction:
possession - ● Allegations of the
imprescriptible complaint
5. Land acquired ● Assessed value
through public ● Principal relief sought
land patents -
State is not
bound by
prescription.

Laches may bar recovery

if the court finds that the
position of the parties
has to change that
equitable relief cannot be
 afforded without doing
injustice or that
intervening rights of third
persons may be
destroyed.

Action may be barred by

res judicata.

6. Action for When the property has Aggrieved party may Prescribes within 10
damages already passed into the bring an ordinary years from the issuance
hands of an innocent action for damages of the questioned
purchaser for value, only against the certificate.
reconveyance is not feasible applicant or persons
anymore. Instead, an action responsible for fraud
for damages shall be in or were instrumental
order. in depriving him of
the property
7. Action for Intended to relieve innocent The person who Instituted within a period Requisites:
compensation persons from the harshness brings the action for of 6 years from the time As to any person who sustains
from Assurance of the doctrine that a damages against the the right to bring such loss or damage:
Fund (Sec. 95) certificate is conclusive Assurance Fund action first occurred. 1. No negligence on his
evidence of an indefeasible must be the part, and
title. registered owner 2. Loss or damage was
and, as the holders through the
A special fund created by PD of transfer omission or mistake
No. 1529 under the custody certificates of title, of the court
of the National Treasurer to that they be personnel, or the RD
compensate may lie only innocent purchasers or other employees
upon concurrence of the in good faith and for of the Registry in the
following: value. performance of their
1. The aggrieved party, or duties.
the suitor, sustained The aggrieved party
loss or damage, or is may file a suit for As to any person deprived of
deprived of land or reconveyance of land or any interest in the
any estate or interest property or a land:
therein; personal action for 1. No negligence on his
2. Such lost, damage or recovery of damages part;
deprivation was (a) against the party 2. He was deprived of
occasioned by the who registered his land of interest
bringing of the land property through therein by the
under the operation of fraud. In cases of registration by any
the Torrens System; or insolvency of the other person as
(b) arose after original party who procured owner of such land;
registration of land; the registration or by mistake,
3. The loss, damage or through fraud, an omission or
deprivation was due to action against the misdescription in
(a) fraud; or (b) any Treasurer of the any owner’s
error, omission, Philippines for duplicate certificate,
mistake or recovery of damages or in any
misdescription in any from the Assurance memorandum n the
certificate of title or in Fund. register, or by any
any entry or cancellation; and
memorandum Must be filed against 3. He is barred from
4. There was no the Register of bringing an action
negligence on his part; Deeds of the for the recovery of
5. He is barred or province or city such land or interest
precluded under the where the land is therein.
law from bringing an situated and the
action for recovery; National Treasurer.
and
6. Action has not yet Sec. 95, PD No. 1529
prescribed. – 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
8. Cancellation Involves a situation where
Suits two certificates of title are
issued to different persons
covering the same parcel of
land in whole or in part.
(Double sale)
Principle of superiority:
When one title is held to be
superior over the other, the
latter title should be declared
null and void and ordered
cancelled.
General Rule: The certificate
earlier in date must prevail.
(Art. 1544 Civil Code)
9. Annulment of An extraordinary remedy
Judgment (Rule 47, where it can availed only
ROC) when the ordinary remedies
of new trial, appeal, petition
for relief or other
appropriate remedies are no
longer available through no
fault of the petitioner.
To have the final and
executory judgment set aside
so that there will be a
renewal of litigation.
Judgment sought to be
annulled must be a final
judgment.
Initiated by: Order of preference:
1. A private party
(the aggrieved party)
usually in a case
where two titles are
issued for the same
lot, whose land has
been fraudulently or
erroneously titled in
the name of
another.
2. The government,
in order to preserve
the integrity of the
Torrens system and
safeguard the
Assurance Fund.
If the party is
adjudged to be the
owner, he is entitled
to the possession of
land.
The OSG can file a
suit to cancel or for
reversion of the
property.
May not be invoked Grounds for annulment:
where the party has
availed himself of
the remedy of new
trial, appeal, petition
for relief or other
appropriate remedy
and lost, or where
he has failed to avail
of himself of those
remedies through
his own fault or
negligence.
1. Where 2 certificates
are issued covering
the same land in
whole or in part, the
earlier in date must
prevail.
2. In case of successive
registration, the
person holding the
prior certificate is
entitled
3. Between a free
patent and a
certificate of title,
the certificate must
prevail.
1. Action based on
extrinsic fraud, filed
with 4 years from
discovery;
2. Lack of jurisdiction
over the person of
the
defendant/responde
nt or over the
subject matter of
the action unless it is
barred with laches
or estoppel.
3. Denial of due
process
10. Quieting of Art. 476 CC – “Whenever A registered owner Prescription: Requisites:
title there is a cloud on title to of the property. 1. Action based on 1. Plaintiff has a legal or
real property or any interest fraud – 4 years equitable title or
therein, by reason of any The person who 2. Based on implied interest in the property;
instrument, record, claim, avails of this remedy trust – 10 years 2. The deed, claim,
encumbrance or proceeding may also be other 3. Based on a void encumbrance or
which is apparently valid or than a registered contract – proceeding claimed to
effective but is in truth and in owner such as an imprescriptible be casting a cloud on
fact invalid, ineffective, acquisitive 4. Action to quiet his title must be shown
voidable or unenforceable, prescription by title where to be invalid or
and may be prejudicial to possession plaintiff is in inoperative despite its
said title, an action may be possession – prima facie appearance
brought to remove such imprescriptible of validity.
cloud or to quiet the title. 5. Laches may bar
recovery
Solution Indebtio - “No
person should unjustly enrich In good faith -
himself” In bad faith -

11. Criminal Action The State may criminally

prosecute for perjury the
party who obtains
registration through fraud,
such as stating false
assertions in the sworn
answer required of
applicants in cadastral
proceedings (People vs
Cainglet)

12. Reversion Suits Also known as the annulment
under Sec. 101 of or cancellation suit. It seeks
CA 141 to restore public land
fraudulently awarded and
disposed of to private
individuals or corporations to
the mass of public domain.
It aims to cancel the
certificate of title and the
resulting reversion of the
land to the State.
Rooted in the Regalian
doctrine - lands are
presumed to belong to the
State
All actions must be GR: State is not bound by Grounds:
instituted only by prescription or estoppel.
the Solicitor General
or the officer action Exception: When the title
in his stead, in the of an innocent purchaser
proper courts and in for value who relied on
the name of the the clean certificates of
Republic of the the title was sought to be
Philippines. (Sec. cancelled and the excess
101, Public Land Act) reverted to the
government, laches will
The Republic of the be applied to avoid
Philippines is the real injustice to an innocent
party in interest purchaser for value.
Private persons may Not absolute: it will not
not bring an action prescribe when its
for reversion or any officials have acts and
1. In all cases where
lands of the public
domain are held in
violation of the
Constitution.
2. Fraudulent or
unlawful inclusion of
land in patents or
certificates of title
3. Violation by the
grantee of a patent
of the conditions
imposed by law.
4. Lack of jurisdiction
to grant patent
because the land
covers forest lands
An action filed by the
government through the OSG
to restore public land
fraudulently awarded and
disposed of to private
individuals or corporations to
the mass of public domain
Until the land is reverted to
the State, the Torrens
certificate remains valid and
binding against the whole
world.
action which would mistakes. Case to case or portions of rivers.
have the effect of basis.
cancelling a land CA now has exclusive original
patent and the jurisdiction over actions for
corresponding annulment of the judgment of
certificate of title. RTCs. Any action for
annulment and consequent
The fact that an reversion must now be filed
applicant applies for with the CA under Rule 47 (BP
a free patent already Blg. 129)
acknowledged that
the land is part of
the public domain.

Escheat vs. Reversion Suits

Reversion - expressly
authorized by the Public Land
Act
Escheat proceedings - only
instituted as a consequence
of a violation of the
Constitution which prohibits
transfers of private
agricultural land to aliens.