LAND TITLES AND DEEDS – ASSIGNMENT FOR MARCH 7, 2020 (UA&P INSTITUTE OF LAW, 2ND SEMESTER, SCHOOL YEAR 2019-2020)
Effect of denial of a motion for new trial
- Francisco v. Puno, 108 SCRA 427
Effect of grant of a motion for new trial
(c) Appeal from judgment
Modes of appeal
Issues to be raised on appeal
Period for filing an appeal
Right to appeal a mere statutory privilege
- Stolt-Nielsen v. NLRC, GR 147623, Dec. 13, 2005, 477 SCRA 516
Judgments or orders from which appeals may be taken
- When does judgment become final
Duty to cause issuance of decree of registration
Final judgment constitutes res judicata against the whole world
Res judicata
Requisites for res judicata to serve as absolute bar to new action
Land title not finally adjudicated until after the lapse of one (1) year from issuance of decree of registration
- Laburada v. LRA, GR 101387, Mar. 11, 1998, 287 SCRA 333
Remedies after judgment becomes final
(a) Reliefs from judgments, orders and other proceedings
- Trust International Paper Corp. v. Pelaez, GR 164871, Aug. 22, 2006, 499 SCRA 552
Provisional remedy available to preserve the rights of the parties
Grounds for petition for relief from judgment
Time to file petition
Affidavits to be annexed to the petition
Petition for relief from judgment; when allowed
- Dela Cruz v. Andres, GR 161864, Apr. 27, 2007, 522 SCRA 585
(b) Annulment of judgments, or final orders and resolutions; grounds
- Diona v. Balangue, GR 173559, Jan. 7, 2013, 688 SCRA 22
Ground for annulment of judgment
Annulment of judgment; when available
Periods to file action
- Galicia v. Manliquez, GR 155785, Apr. 13, 2007, 521 SCRA 85
Annulment of judgment an independent remedy
- Bulawan v. Aquende, GR 182819, June 22, 2011, 652 SCRA 585
When extrinsic fraud not a valid ground for annulment of judgment
Lack of jurisdiction as ground for annulment of judgment
Lack of jurisdiction
Effects of annulment of judgment
(c) Petition for Certiorari (Special Civil Action)
Writ of certiorari; when and for what purpose issued
- Land Bank of the Phils. v. CA, GR 129368, Aug. 25, 2003, 409 SCRA 455
Requisites for availment of remedy of certiorari
(d) Petition for reopening and review of the decree of registration
Petition under Section 32 of PD 1529; when and by whom filed
- Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491
Petition for review must be by motion in same proceeding where decree was issued
- Baldoz v. Papa, GR L-18150, July 30, 1965, 14 SCRA 691
Elements for allowance of reopening or review of decree
- Libudan v. Gil, GR L-21163, May 17, 1972, 45 SCRA 17
Petitioner or movant need not be original claimant
- v. Ybañez, GR L-6103, Apr. 17, 1953, 92 Phil. 911
Purpose in giving aggrieved parties a chance to review the decree
- Rublico v. Orellana, GR L-26582, Nov. 28, 1969, 30 SCRA 511
Only those fraudulently deprived of their opportunity to be heard in the original registration case may file petition for review
- Crisolo v. CA, GR L-33093, Dec. 29, 1975, 68 SCRA 435.
Petition may be filed any time after rendition of court’s decision
- Rivera v. Moran, GR L-24568, Mar. 2, 1926, 48 Phil. 836
Decree of registration; contents
Decree conclusive against all persons
Period when court may reopen proceedings; Ground for review
- Lopez v. Padilla, GR L-27559, May 18, 1972, 45 SCRA 44
Review of decree of registration; when decree no longer reviewable
Review of decree of registration under the jurisdiction of the RTC
Title deemed not finally adjudicated before entry of decree and lapse of one (1) year from its entry by the LRA
- Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491
Innocent purchaser for value (IPV), buyer in good faith
- Yared v. Tiongco, GR 161360, Oct. 19, 2011, 659 SCRA 545
Protection accorded by law to an IPV
- Peralta v. Abalon, GR 183448, June 30, 2014, 727 SCRA 477
Buyer in bad faith not protected by registration of sale
- Lu v. Manipon, GR 147072, May 7, 2002, 381 SCRA 788
Holder in bad faith of certificate of title not protected by law; case of double sale
- Baricuatro Jr. v. CA, GR 105902, Feb. 9, 2000, 325 SCRA 137
Governing principle in double sale
160. Olivares v. Gonzales, GR L-34500, Mar. 18, 1988, 159 SCRA 33
Forged deed does not divest registered owner of title
161. Soliven v. Francisco, GR L-48974, Nov. 29, 1989, 170 SCRA 218
Forged deed may be the root of a valid title
162. Lim v. Chuatoco, GR 161861, Mar. 11, 2005, 453 SCRA 308
Period from issuance of decree to question its validity
Indefeasibility of decree of registration
163. Eduarte v. CA, GR 105944, Feb. 9, 1996, 323 Phil. 462
Rationale for the rule on indefeasibility of title
164. Ingusan v. Heirs of Reyes, GR 142938, Aug. 28, 2007, 531 SCRA 315
Instance when the rule on indefeasibility will not apply
165. Ferrer v. Bautista, GR 46963, Mar. 14, 1994, 231 SCRA 257
Void certificate of title
166. Heirs of Simplicio Santiago v. Heirs of Mariano Santiago, GR 151440, June 17, 2003, 404 SCRA 193
Rule on indefeasibility applies also to homestead and free patents
167. Iglesia ni Cristo v. CFI of Nueva Ecija, GR L-35273, July 25, 1983, 123 SCRA 516
Requisites for the availment of the remedy of petition for review
168. Serna v. CA, GR 124605, June 18, 1999, 308 SCRA 527
Finality an essential feature of a Torrens certificate of title
169. Broce v. Apurado, GR 8416, Jan. 27, 1914, 26 Phil. 581
One-year period starts to run from the date of entry of decree
170. Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491
Petition may already be filed after rendition of court’s decision
171. Rivera v. Moran, GR 24568, Mar. 2, 1926, 48 Phil. 836.
One-year period reckoned not from court’s decision but from issuance of decree by the LRA Administrator
172. Ramos v. Rodriguez, GR 94033, May 29, 1995, 244 SCRA 418
Petition for review under Section 32 of PD 1529 separate and distinct from Motion for new trial
Deprivation must be through actual or extrinsic fraud
173. Manila v. Abila, GR L-26781, Feb. 28, 1977, 75 SCRA 267
Actual and constructive fraud
174. Heirs of Roxas v. CA, GR 118436, Mar. 21, 1997, 270 SCRA 309
Extrinsic and intrinsic fraud
Section 32 of PD 1529 considers only extrinsic or collateral fraud
175. Republic v. Guerrero, GR 133168, Mar. 28, 2006, 485 SCRA 424
Inquiry into intrinsic fraud barred after judgment
176. Tichangco v. Enriquez, GR 150629, June 30, 2004, 433 SCRA 324
Remedies available after the one-year contestability period
(a) Action for damages
Moral and exemplary damages where a person committed fraud in obtaining title
177. Valenzuela v. Sps. Mano, GR 172611, July 9, 2010, 624 SCRA 664
(b) Action for reconveyance
Reconveyance
178. Lacorte v. CA, GR 124574, Feb. 2, 1998, 286 SCRA 24
Transfer of title wrongfully registered is what is sought in an action for
reconveyance
179. Pasio v. Monterroyo, GR 159494, July 31, 2008, 560 SCRA 739
Action for reconveyance governed by Article 434 of Civil Code
180. Hutchison v. Buscas, GR 158554, May 26, 2005, 459 SCRA 214
Requirements that must concur to warrant reconveyance of land
181. New Regent Sources, Inc. v. Tanjuatco, Jr., GR 168800, Apr. 16, 2009, 585 SCRA 329
NOTE: Digest/dissect all the given cases and write them on yellow pad paper (one case per sheet), place them neatly in an expandable folder with cover page and table of contents, and submit them during our class for recording and affixing of initials. Late/incomplete submissions will not be accepted.