New Trial

Period: within the period for filing an Appeal

Grounds: FAME/newly discovered evidence

*the Motion should be accompanied by an Affidavit of Merit

Motion for Reconsideration

Period: within 15 days from Notice of Judgment

Grounds: (1) excessive damages; (2) evidence is insufficient to justify the decision or
final judgment; and (3) final order or decision is contrary to law

Petition for Relief from Judgment

-an equitable relief granted only under exceptional circumstances.

-Under Section 1, Rule 38 of the 1997 Rules of Civil Procedure, a petition for relief from
judgment may be filed on the ground of fraud, accident, mistake, or excusable
negligence. The negligence must be so gross "that ordinary diligence and prudence
could not have guarded against."

Period: within 60 days from notice of judgment and not more than 6 months after entry
of judgment. The double period required under Section 3, Rule 38 is jurisdictional and
should be strictly complied with. A petition for relief from judgment filed beyond the
reglementary period is dismissed outright. This is because a petition for relief from
judgment is an exception to the public policy of immutability of final judgments.

Appeal
-appealable within 15 days from receipt of notice of judgment.
-Take note Rules 40, 41, 42, 45 and 65

Petition for Review of the decree of Registration

-Requisites: (1) petitioner must have interest in the land; (2) petitioner must show actual
fraud or extrinsic fraud by the other party which led to the issuance of the decree of
registration by the LRA; (3) the petition must be filed within one (1) year from the
issuance of the decree of registration by the LRA; (4) the ownership of the property has
not been transferred to an innocent purchaser for value.

-What is an extrinsic fraud? Intentional concealment or omission of a fact required by

law to be stated in the petition. Examples: (1) intentional failure to disclose that the
property is in actual possession of another; (2) misrepresentation by the applicant about
the identity id the land to the true owner.

Action for Reconveyance

-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 recover the land to him.

Period: within 10 years from the date of issuance of the certificate of title. Article 1144 of
the Civil Code (upon obligation created by law). Action does not prescribe in case when
the plaintiff/petitioner is in actual possession of the property.

Action for Damages

-default action against the forger if the property has passed to the hand of a purchaser
in good faith; also available in case the forger/the person who caused damage has
become insolvent.

Period: within 10 years from issuance of the title

Action against the Assurance Fund

-Requisites: (1) a person is deprived of land or any estate or interest in consequence of
the bringing of the land under the operation of the Torrens system or arising after the
original registration of the land; (2) through fraud, error, omission, mistake, or
misdeclaration in any certificate of title or in any entry or memorandum in a
registration book; (3) without negligence on the part of the person deprived of the land;
and (4) barred or precluded from bringing action for the recovery of such land or
interest therein.

Section 102. Limitation of Action. Any action for compensation against the Assurance
Fund by reason of any loss, damage or deprivation of land or any interest therein shall
be instituted within a period of six years from the time the right to bring such action
first occurred: Provided, That the right of action herein provided shall survive to the
legal representative of the person sustaining loss or damage, unless barred in his
lifetime; and Provided, further, That if at the time such right of action first accrued the
person entitled to bring such action was a minor or insane or imprisoned, or otherwise
under legal disability, such person or anyone claiming from, by or under him may bring
the proper action at any time within two years after such disability has been removed,
notwithstanding the expiration of the original period of six years first above provided.

Quieting of Title

It has for its purpose the quieting of title or removal of a cloud therefrom when there
is an apparently valid or effective instrument or other claim which in reality is void,
ineffective, voidable or unenforceable.
The basis of equitable relief for removal of a cloud in title is the principle that, because
of the inadequacy of the remedy at law, a deed or other instrument or proceedings
constituting the cloud may not be used injuriously or vexatiously to embarrass or
affect the title of a plaintiff in possession

Article 476 and 478 of the New Civil Code provide that, “whenever there is a cloud on
title to real property or any interest therein, by reason of any instrument, record, claim,
encumbrance or proceeding which is apparently valid or effective but is in truth and
in fact invalid, ineffective, voidable, or unenforceable,” or “has been extinguished or
has terminated, or has been barred by extinctive prescription”, “and may be prejudicial
to said title, an action may be brought to remove such cloud or to quiet the title.”

For an action to quiet title to prosper, two (2) indispensable requisites must concur,
namely: (1) the plaintiff or complainant has a legal or an equitable title to or interest
in the real property subject of action, and (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.

*An action for quieting title cannot be availed of for settling boundary disputes.  

Cancellation involving Double Title

-prescribes in 10 years from issuance of title

In case of double sale, Article 1544 of the Civil Code provides:

ART. 1544. If the same thing should have been sold to different vendees, the ownership
shall be transferred to the person who may have first possession thereof in good faith, if
it should be movable property.

Should it be immovable property, the ownership shall belong to the person acquiring it
who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good
faith was first in possession; and, in the absence thereof; to the person who presents the
oldest title, provided there is good faith.

**Ownership of an immovable property which is the subject of a double sale shall be

transferred: (1) to the person acquiring it who in good faith first recorded it in the
Registry of Property; (2) in default thereof, to the person who in good faith was first in
possession; and (3) in default thereof, to the person who presents the oldest title,
provided there is good faith. The requirement of the law then is two-fold: acquisition in
good faith and registration in good faith. Good faith must concur with the registration. 

Action for Reversion

-it is a restoration of public land fraudulently awarded or disposed of, to the mass of the
public domain and may again be the subject of disposition to qualified applicants; the
Solicitor General may initiate an action for reversion.

-The objective of an action for reversion of public land is the cancellation of the
certificate of title and the resulting reversion of the land covered by the title to the State.
This is why an action for reversion is oftentimes designated as an annulment suit or a
cancellation suit.

-Private persons may not bring an action for reversion or any action which would have
the effect of canceling a land patent and the corresponding certificate of title issued on
the basis of the patent, such that the land covered thereby will again form part of the
public domain.

Annulment of Judgment

-based on Rule 47 of the Rules of Court

-Grounds: (1) Extrinsic fraud- not available if other remedies could have been availed of
thru other remedies; and (2) Lack of Jurisdiction. The lack of jurisdiction refers to either
lack of jurisdiction over the person of the defending party or over the subject matter of
the claim.