REMEDIES

REMEDY OF A (PLAINTIFF)
REMEDY WHO MAY FILE WHEN TO FILE REQUISITES WHERE TO FILE
MOTION TO DECLARE A, winning party in a After lapse of the 15- 1. The court must At the RTC of the place
DEFENDANT (B) IN land registration case, day (or 30 days) have jurisdiction where the application
DEFAULT when the adverse party reglementary period for over the for land registration is
failed to file reply within the defendant (B) to file defendant (B); filed (where land is
Remedy of A in case B reglementary period his reply to the Notice of 2. B has received located)
fails to file his answer Hearing for the land summon and
within the 15-day (or 30 registration. notice of hearing;
days) reglementary 3. B failed to reply
period upon receipt of within the 15-day
the Notice of Hearing for (or 30 days)
the land registration. reglementary
period;
4. A filed a Motion
to Declare
Defendant (B) in
Default;
5. There must be a
hearing for the
declaration of B
in default.
REMEDIES OF B (DEFENDANT)

Remedy will depend on the stage of the proceeding on the application for land registration
I. BEFORE JUDGMENT

Before judgment is rendered

REMEDY WHO MAY FILE WHEN TO FILE GROUNDS WHERE TO FILE
MOTION TO SET B, party declared in 1. At any time after 1. Failure to answer Court that rendered
ASIDE THE ORDER default notice of Order of was due to fraud, Order of Default
OF DEFAULT Default; AND accident,
2. Before judgment mistake, or
(Sec. 3b, Rule 9, ROC) excusable
negligence
[Note: Defendant may [FAME]; AND
appeal judgment of 2. That he has a
default without first filing meritorious
a motion to set aside defense
the order of default
based on the following
grounds:
1. Plaintiff (A) failed
to prove the
material
allegations of the
complaint; OR
2. Decision is
contrary to law

The order of default

need not be set aside
for B to appeal.
(Martinez vs. Republic,
G.R. No. 160895;
October 30, 2006)]
II. AFTER JUDGMENT; BEFORE FINALITY

[Note: “Before finality” probably refers to the period when the court renders the judgment until before the lapse of 15 days
since the receipt of judgment.

A “final” judgment or order (as distinguished from one which has “become final and executory” is one that finally disposes of
the case, leaving nothing more to be done by the court in respect thereto.

A judgment becomes final and executory only after 15 days from receipt of judgment.]
REMEDY WHO MAY FILE WHEN TO FILE GROUNDS/ REQs WHERE TO FILE
MOTION FOR NEW “Aggrieved party” to the Within the period for 1. Fraud*, accident, Court that rendered
TRIAL original action. No third taking an appeal mistake, or judgment
person allowed. 1. 15 days in excusable
(Rule 37, ROC) ordinary civil negligence
The “aggrieved party” actions [FAME] EFFECT
may refer to A (if there 2. 30 days in *Extrinsic fraud
If MNT is denied,
are issues in the special (outside trial)
the remedy is to appeal
decision where feels proceedings/
judgment that granted
aggrieved) or B. multiple appeals 2. Newly discovered
the application for land
(where record on evidence
registration.
appeal is
required) Requisites of newly
If MNT is granted,
(Sec. 3, Rule 41, discovered evidence:
the decision granting
ROC) 1. The evidence
the registration is:
was discovered
1. vacated
*Is motion for after the trial;
(judgment is
extension to file MNT 2. Such evidence
nullied as if it was
allowed? could not have
not rendered at
No, not allowed. been discovered
all);
and produced at
2. action shall stand
trial with
as trial de novo
reasonable
(as if no trial
diligence;
happened
3. That it is
because it is
material, not
void);
merely
3. evidence is
cumulative,
recorded (if it is
corroborative, or
material)
impeaching, and
is of such weight
*Is a second motion
that will probably
for new trial allowed?
change the
Yes, second MNT is
judgment, if
allowed, provided that
admitted.
 the ground for the
**Facts of FAME must second MNT did not
be alleged and motion exist at the time the first
must be accompanied MNT was filed.
with affidavit of
witnesses. If not, motion
is pro forma (mere
scrap of paper) and
prescription will
continue to run.
MOTION FOR “Aggrieved party” to the Within the period for 1. Award of Court that rendered
RECONSIDERATION original action. No third taking an appeal damages judgment
person allowed. 1. 15 days in excessive;
(Rule 37, ROC) ordinary civil 2. Insufficient
actions evidence EFFECT
2. 30 days in 3. Decision is
special contrary to law If MR is denied,
proceedings/ [AID] the remedy is to appeal
multiple appeals judgment that granted
(where record on the application for land
appeal is registration.
required)
(Sec. 3, Rule 41, If MR is granted,
ROC) the decision granting
the application for
*Is motion for registration will be
extension to file MNT amended, not vacated
allowed? (unlike in MNT).
No, not allowed. However, the
amendment will depend
on the ground:
1. If due to award of
excessive
damages, the
judgment will be
 amended so that
it is not
excessive;
2. If due to
insufficient
evidence,
judgment will be
amended so that
it is no longer
based on
insufficient
evidence;
3. If decision is
contrary to law,
judgment will be
amended so that
it is not contrary
to law.

*Is second MR
allowed?
No, not allowed (unlike
in MNT)
APPEAL “Aggrieved party” to the If order appealed from Notice of appeal must If order issued by
original action. No third is issued by the MTC, be filed with the MTC MTC,
Aggrieved party mat person allowed. 1. 15 days in which issued the order appeal may be taken to
immediately file notice ordinary civil being appealed from. the RTC exercising
of appeal, without filing actions jurisdiction over the
for MNT or MR 2. 30 days in Requisites of Notice of area to which the MTC
special Appeal filed with the pertains. This is by filing
(Rules 40, 41, 42, ROC) proceedings/ MTC notice of appeal with the
multiple appeals (1) Parties to the MTC which rendered
(where record on appeal; the decision.
appeal is (2) Judgment or final
required) order or part (Rule 40)
 thereof being
appealed from;
(3) Timeliness of the
appeal by stating
the material
dates (to prove
that appeal was
filed on time)
If decision appealed from was issued by RTC in its
original jurisdiction
If decision appealed 1. Question of facts 1. If question
from was issued by or mixed of facts or
RTC in its original question of facts mixed
jurisdiction and law question of
1. 15 days in 2. Question of law facts and law
ordinary civil
actions *Procedure of appeal Appeal may be taken to
2. 30 days in will depend on the the CA by filing Notice
special issues raised. of Appeal with the RTC
proceedings/ which rendered the
multiple appeals decision being appealed
(where record on from.
appeal is
required) Requisites of Notice of
Appeal filed with the
RTC
(1) Parties to the
appeal;
(2) Judgment or final
order or part
thereof being
appealed from;
(3) Timeliness of the
appeal by stating
 the material
dates (to prove
that appeal was
filed on time)
(4) To which court
the appeal is
being taken,
whether in the
SC or CA

2. If question
of law

Appeal may be taken

directly with the SC by
filing a petition for
review on certiorari
under Rule 45

If decision appealed from was issued by RTC in its

appellate jurisdiction
If based on question 1. Question of facts 1. If question
of facts or mixed or mixed of facts or
question of facts and question of facts mixed
law, petition for review and law question of
before the CA under 2. Question of law facts and law
Rule 42 may be filed
within: *Procedure of appeal Appeal may be taken to
will depend on the the CA by:
1. 15 days from issues raised. (1) filing verified
notice of the petition for review
decision of under Rule 42;
 decision being (2) payment of
appealed from or docket fees;
from denial of (3) deposit of P500
MR or MNT filed for costs;
in due time after (4) furnishing RTC
judgment and adverse
2. Fresh period of party with a copy
another 15 days of the petition
after denial of
MNT or MR Requisites of verified
petition for review filed
In case MR or MNT is before CA under Rule
denied, party litigant is 42
given a fresh period of (1) Parties involved;
15 days from receipt of (2) Timeliness of the
final order denying his petition for review
motion within which to by stating
file notice of appeal. If specific material
no MR or MNT is filed, dates;
there can be no fresh (3) Issues raised;
period to file appeal. (4) Duplicate
(Neypes vs. CA) originals or true
copies of the
If based on question judgment being
of law, petition for appealed from
review on certiorari
under Rule 45 may be 2. If question
filed before the SC of law
within:
1. 15 days from Appeal must be taken
notice of the first with the CA by filing
decision of petition for review under
decision being Rule 42, then to the SC
appealed from or by filing petition for
from denial of review on certiorari
 MR or MNT filed under Rule 45.
in due time after
judgment
2. Extension of 30
days within which
to file the petition,
upon justifiable
reasons found by
the SC
III. AFTER FINALITY

After 15 days from receipt of notice of judgment

REMEDY WHO MAY FILE WHEN TO FILE GROUNDS/ REQs WHERE TO FILE
PETITION FOR RELIEF “Aggrieved party” to the The following periods 1. Fraud*, accident, Court which rendered
FROM JUDGMENT original action. No third must concur (start mistake, the decision
person allowed. together): excusable
Equitable judgment 1. 60 days from negligence
available only if MNT, PFRF is a continuation knowledge of the [FAME] EFFECT
MR, appeal, and other of the original action. decision; AND *Extrinsic fraud
remedies are no longer 2. 6 months from 2. Appeal prevented If PFRF granted due to
available without fault of entry of judgment due to FAME FAME,
the petitioner. If other (when it became as if timely motion for
remedies are available final and new trial is filed; judicial
but the petitioner failed executory) proceeding is nullified.
to avail of the same, no
PFRF. The date of the physical If PFRF granted due to
act of recording the prevented appeal
Last chance remedy decision with finality in because of FAME,
the registry of books is the court will give due
Mutually exclusive from immaterial in course to the appeal by
other remedies. Thus, if determining when the giving time to file for an
petitioner already filed judgment became final appeal.
for MNT, PFRF is no and executory.
longer available.
(Rule 38, ROC)
ANNULMENT OF Any interested party, Filed within temporal 1. Extrinsic fraud; If seeking to annul
JUDGMENT including third person, window: 2. Lack of judgment of MTC, file
provided his rights are 1. If due to extrinsic jurisdiction before RTC.
May be filed if other also affected by the fraud, within 4
remedies are not judgment being years from If seeking to annul
available without fault of annulled. discovery of the judgment of RTC,
the petitioner fraud before the CA.
Annulment of judgment 2. If due to lack of
Mutually exclusive with is an independent jurisdiction, Only applicable to
other remedies action, and not a period before decision of the MTC/
continuation of the estoppel or RTC and not to CA/SC
Requisites before original action. Thus, a laches will come
Annulment of Judgment third person whose in.
May Be Filed rights are affected may
1. There are no file annulment of
other available judgment.
remedied;
2. There are only
two grounds:
a) extrinsic
fraud;
b) lack of
jurisdiction
3. Filed within
temporal window
a) If due to
extrinsic
fraud, 4 years
since
discovery.
b) If due to lack
of jurisdiction,
period before
 estoppel or
laches will
come in.
4. Attach
verification
(formal requisite)
RECONVEYANCE Rightful owner whose 1. If based on Intrinsic fraud RTC
property has been intrinsic fraud,
Remedy granted to the wrongfully registered to within 4 years
rightful owner of the another from discovery of
land which has been fraud;
wrongfully or 2. If based on
erroneously registered implied
in the name of another constructive
for the purpose of trust*, within 10
compelling the latter to years from the
transfer or reconvey the issuance of the
land to him title to the
innocent
Requisites for purchaser in
reconveyance value.
1. That the plaintiff 3. If based on void
is the owner of contract,
the land; imprescriptible.
2. That the
defendant has *The purchaser in value
illegally disposed is considered a trustee
the plaintiff of the of the rightful owner.
land. (a) Implied resulting
trust, by agreement of
the parties;
(b) Implied constructive
trust, when land of
rightful owner is
fraudulenty registered
 under the name of
another.
QUIETING OF TITLE Owner who has legal or 1. If plaintiff is in Existence of a Court of the place
equitable title to or possession of the proceeding, record, where property is
Action to remove or interest over the real property, instrument, claim, or located
prevent a cloud or doubt property where a cloud imprescriptible; encumbrance [PRICE]
from being cast over a is being cast 2. If plaintiff is not in which appears to be
real property, based on possession of the valid but is in truth and
the existence of a property, within in fact invalid
proceeding, record, 10 years (if with
instrument, claim, or just title and good
encumbrance [PRICE] faith) or 30 years
which appears to be (if without just
valid but is in truth and title, regardless if
in fact invalid. in good faith or
not) and before
Requisites for quieting laches comes in.
of title
1. The aggrieved
party (plaintiff)
must have a legal
or equitable title
to or interest in
the real property;
2. Presence of any
deed or
instrument which
appears to be
valid but is in
truth and in fact
invalid.
ACTION FOR Office of the Solicitor Imprescriptible 1. Encumbrance or RTC
REVERSION General alienation of land
acquired under
Act of the government in free patent or
taking back land on the homestead, in
basis of the Regalian favor of the
Doctrine government
(Sec. 118, CA
141)
2. Conveyances
and
encumbrances
made by illiterate
non-Christians or
by literate non-
Christians where
the instruments is
in a language not
understood by
him (Sec 120, CA
141)
3. For commercial,
industrial,
educational,
religious or
charitable
purposes or for
right of way, with
consent of
grantee and
approval of
DENR secretary
(Sec. 121, CA
141)
4. If land is
conveyed to a
juridical person
who is not legally
 capacitated to
acquire land.
(Sec 121, CA
141)
CANCELLATION OF Aggrieved party Two titles issued over
TITLE the same land

Available when there

are two certificates of
title were issued over
the same land. Usually,
the later title is
cancelled.
REVIEW OF THE Aggrieved party, Within 1 year from the 1. Actual fraud Dependent on the
DECREE OF provided that the decree issuance of the decree (intentional assessed value of the
REGISTRATION of registration is not of registration by the act/omission in land
transferred to an LRA application)*
innocent purchaser in 2. Extrinsic fraud If land is within Metro
value Manila,
*The act or omission 1. MTC, if assessed
must be: value does not
1. intentional; AND exceed P20,000;
2. information to 2. RTC, if assessed
which the act or value exceeds
ommission P20,000
pertains must be
required by law If land is outside Metro
to be stated in Manila,
the application. 1. MTC, if the
assessed value
Otherwise, not a does not exceed
ground. P50,000;
2. RTC, if the
[Note: The application assessed value
for land registration exceeds P50,000
must allege the
following:
1. That the
applicant is the
owner of the
subject land;
2. How the land
was acquired
(deed of sale,
donation,
inheritance, etc.)
3. Assessed value
of the land;
4. Declaration that
land is free from
lien or
encumbrance;
5. Names of the
actual occupants
of the land and
reason why they
are occupying
the property;
6. Civil status of the
applicant. If
married, he must
state whether
they entered into
absolute
community,
conjugal
partnership of
gains, or
complete
 separation of
property;
7. Full name and
personal
circumstances of
the applicant (ie
citizenship);
8. If land includes a
public way/ road;
9. Documents
required:
a) 1 copy of
tracing cloth
b) 2 copies of
orig survey
plan;
c) 3 copies of
technical
description
d) 3 copies of
surveyor’s
certificate
e) 3 copies of
certificate of
assessed
value
f) all original
minuments
which prove
ownership of
the land