REMEDIES

WHO
WHEN
Before Judgement Becomes Final
(1)New Trial
OLR
Within 15 days
(a)applicant
period for
(b)oppositor
perfecting appeal
CADASTRAL
(a)claimant
(b)petitioner

WHERE

GROUNDS

REQUISITES

(1)Fraud,
accident,
mistake,
excusable
negligence
(2)Newly
discovered
evidence
(3)Award of
excessive
damages or
insufficiency of
evidence of void
decision

AFTER
(2)Petition for
Review
(a)BEFORE ENTRY
of decree of
registration
petition for
review of
judgement
(b)AFTER ENTRY
-of the decree

any person
deprived of
land/any estate
or interest
therein

not later than 1

year from and
after the date of
the entry of
decree of
registration (LRA)

(1)Actual Fraud
any fraudulent
act of the
successful party
committed
outside the trial
against the
defeated party
that prevented
him from
presenting fully
and fairly his side
of the case

(1)Petitioner has
a real &
dominical right
(2) P has been
deprived thereof
(3)through fraud
(4)filed w/in 1
year from
issuance of
decree

OTHER GROUNDS
FOR REVIEW OF
DECREE
(1)Fatal infirmity
in the decision
for want of due
process

(5)property has
not yet pass to
an innocent
purchaser

(2)Lack of
jurisdiction of the
court
RELIEF
(3)Relief from
judegement

WHO
(1)applicant
(2)oppositor

WHEN
When
judgement has
become find
and a new trial
is not
available

WHERE

GROUNDS
FAME

REQ
(1)verified
complaint
(2)filed w/in 60
days after
learning of the
judgement but
not more than
180 days after
entry
(3)accompanie
d by
AFFIDAVITS
showing FAME
notice of
appeal

PRESRIPTION

(4)Appeal

aggrieved
party

(5)Action for
Reconveyance

aggrieved
party whose
property is
erroneously
registered in
the name of
another

(6) Action for

Damages

deprived
owner

REMEDIES

WHO

w/in 15 days
from receipt of
judgement/
order by
counsel/
SolGen
F w/in 4
years from
discovery
I ten years
V
Imprescriptible
E 10 years
from
repudiation
after 1 year
from date of
decree

CA/SC

(1)Fraud
(2)Implied
trust
(3)Express
trust
(4)Void
Contract

property has
not been
transferred/
conveyed to
an innocent
purchaser for
value

Implied trust
10 years form
the date
adverse title
to the property
is asserted by
the
POSSESSOR
-issuance of
the title 10
years from
issuance of
the Torrens
title over the
property

(1)reconveyance is
not possible
because of
passing of
property to an
innocent
purchaser
WHEN

WHERE

GROUNDS

REQ

PRESCRIPTI

(7)Action for
compensatio
n from
assurance
fund

in case of
insolence of
the party
who
procured the
wrongful
registration

(a)fraud
(b)error,
omission,
mistake/
misdescripti
on in any
COT or
entry/
memorandu
m in the
registration
book

(1)aggrieved

party
sustained
loss/
damage or
depriced of
land or any
estate or
interest
therein
(2)occasione
d by
(a)the
bringing of
land under
the
operation of
Torrens
system
(b)ORL
(3)Grounds
(4)no
negligence
(5)barred
from

-registered
owner
-holder of
TCT
-innocent
buyer in GF
& value
WHO TO
FILE
AGAINST
(1)Register
of Deeds,
his deputy
or other
employees
of the
Register
(2)National
Treasurer
*(3)other
person

ON
6 years from
the time the
right to
bring such
action first
occurred
-date of
deprivation
-issuance of
COT
-date of
entry
((b)GROUND
S)
memorandu
m

bringing
action for reconveyance
(6)action
has not
prescribed
(8)Cancellati
on Suits
(9)Involving
double title

( )Nonregistrable
land
*Annulment
of
Judgement

where two
COT are
issued to
different
persons
covering the
same parcel
of land in
whole/ in
part
(1)no fault
of petitioner
(2)ordinary
remedies is
available
(3)annulmen
t of OLR/
cadastral
proceedings

REMEDIES
(9)Quieting of
Title
-- quasi in rem
-conclusive
bet. the
parties

WHO
(1)registered
owner
(2)person who
has equitable
right/ interest
in the property

WHEN
- when there is
a cloud on title
to real
property or
any interest
therein

WHERE

*suitors need
not be in
possession

(10)Criminal
action
-Perjury
(11)Reversion
Suit

(1)Govt

RTC

GROUNDS
an instrument,
record, claim,
encumbrance
or proceeding
w/c is
apparently
valid/ effective
but is in truth
and in fact
invalid and
may be
prejudicial to
said title
(EXCLUSIVE)
(1)Fraud

REQ

PRESCRIPTION
Imprescriptible
to property in
the possession
of plaintiff