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    Section 32 Remedies

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    emman2g.2baccay
    The document outlines various legal procedures related to property registration and disputes in the Philippines, including: 1) Filing a motion for a new trial or reconsideration within 15 days of a judgment, requiring affidavits showing merits and grounds. 2) Filing for relief from judgment after a motion is denied, within 6 months. 3) Filing an appeal within 15 days of a judgment or order, with interruptions if filed within period. 4) Filing for review of a land registration decree within 1 year for claims of fraud or unpassed interests.

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    Section 32 Remedies

    Uploaded by

    emman2g.2baccay
    19 views2 pages
    The document outlines various legal procedures related to property registration and disputes in the Philippines, including: 1) Filing a motion for a new trial or reconsideration within 15 days of a judgment, requiring affidavits showing merits and grounds. 2) Filing for relief from judgment after a motion is denied, within 6 months. 3) Filing an appeal within 15 days of a judgment or order, with interruptions if filed within period. 4) Filing for review of a land registration decree within 1 year for claims of fraud or unpassed interests.

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    LAND, TITLES AND DEEDS, REMEDIES, SECTION 32

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    The document outlines various legal procedures related to property registration and disputes in the Philippines, including: 1) Filing a motion for a new trial or reconsideration within 15 days of a judgment, requiring affidavits showing merits and grounds. 2) Filing for relief from judgment after a motion is denied, within 6 months. 3) Filing an appeal within 15 days of a judgment or order, with interruptions if filed within period. 4) Filing for review of a land registration decree within 1 year for claims of fraud or unpassed interests.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views2 pages

    Section 32 Remedies

    Uploaded by

    emman2g.2baccay
    The document outlines various legal procedures related to property registration and disputes in the Philippines, including: 1) Filing a motion for a new trial or reconsideration within 15 days of a judgment, requiring affidavits showing merits and grounds. 2) Filing for relief from judgment after a motion is denied, within 6 months. 3) Filing an appeal within 15 days of a judgment or order, with interruptions if filed within period. 4) Filing for review of a land registration decree within 1 year for claims of fraud or unpassed interests.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    N,R,A

    Motion for new trial or reconsideration


    1. What are affidavits of merits? 1-ground ; 2-meritorious cause of action
    2. When filed? 15 days after notice of judgment or final order
    3. Grounds? FAME + NED

    Relief from judgment


    1. Can you file this after motion for new trial/reconsideration has been denied?
    2. When filed? 6L-60E

    Appeal
    1. When filed? within fifteen (15) days from notice of the judgment or final order
    appealed from.
    2. When period of filing appeal interrupted?
    3. Modes of Appeal? (3) ORC [OR-CA; C-SC]
    4. What is fresh period?

    Review of Decree of Registration


    1. When filed? within 1 year from the issuance of the decree of registration by the
    LRA
    2. Grounds? Estate or interest,Fraud actual,1year,Not yet passed
    3. Extrinsic/collateral vs. intrinsic fraud
    Reconveyance
    1. When filed? Fraud-4; Implied-10; Express/Actual possession-Imprescriptible
    2. Grounds? Name,Fraud or other illegal means,1after but within xxx,Not yet passed
    3. When is the discovery of the fraud deemed to have taken place? from the
    issuance of the original certificate of title
    4. A person was deprived of land thru fraud. When can the owner file action for
    reconveyance? TRUSTEE OF AN IMPLIED TRUST

    Quieting of Title
    1. Who may bring an action to quiet title? Generally, registered owner but also other
    persons title does not necessarily refer to the original or trCT.
    2. What if the complaint alleges that petitioner had already been deprived of the
    possession of property? publiciana or reinvicatoria

    Action for Damages


    1. When is it proper? when reconveyance is not possible because already passed on
    an IPFV.
    2. When filed? within 10 years from the date of the issuance of the questioned
    certificate of title

    Action for Reversion


    1. Grounds? Violation of Constitution
    2. Reversion vs. Escheat
    3. Reversion vs. Declaration for nullity of title based on a public land patent
    4. Explain rule that State is not barred by res judicata or estoppel. What are the
    exceptions?

    Cancellation of Title
    1. Cancellation vs. Reversion
    2. Who initiates this action? usually by aggrieved private party but so too the
    government to protect public interest and preserve the integrity of the Torrens
    system and safeguard of the Assurance system as well.

    Recovery of damages from the Assurance Fund


    1. Grounds?

    Loss or damages; Deprived of land or interest therein

    1. When filed? WITHIN a period of SIX (6) years from the time the right to bring such action accrues.
    2. Where to file? against the RD and the National Treasurer
    3. Who shall bring an action for damages?

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