PD 1529

C. HEARING JUDGMENT AND DECREE OF REGISTRATION

Section 30. When judgment becomes final; duty to cause
issuance of decree. The judgment rendered in a land registration
proceedings becomes final upon the expiration of thirty days to be
counted from the data of receipt of notice of the judgment. An
appeal may be taken from the judgment of the court as in ordinary
civil cases.
After judgment has become final and executory, it shall devolve
upon the court to forthwith issue an order in accordance with
Section 39 of this Decree to the Commissioner for the issuance of
the decree of registration and the corresponding certificate of title
in favor of the person adjudged entitled to registration.
Section 31. Decree of registration. Every decree of registration
issued by the Commissioner shall bear the date, hour and minute of
its entry, and shall be signed by him. It shall state whether the
owner is married or unmarried, and if married, the name of the
husband or wife: Provided, however, that if the land adjudicated by
the court is conjugal property, the decree shall be issued in the
name of both spouses. If the owner is under disability, it shall state
the nature of disability, and if a minor, his age. It shall contain a
description of the land as finally determined by the court, and shall
set forth the estate of the owner, and also, in such manner as to
show their relative priorities, all particular estates, mortgages,
easements, liens, attachments, and other encumbrances, including
rights of tenant-farmers, if any, to which the land or owner's estate
is subject, as well as any other matters properly to be determined
in pursuance of this Decree.
The decree of registration shall bind the land and quiet title thereto,
subject only to such exceptions or liens as may be provided by law.
It shall be conclusive upon and against all persons, including the
National Government and all branches thereof, whether mentioned
by name in the application or notice, the same being included in
the general description "To all whom it may concern".
Section 32. Review of decree of registration; Innocent purchaser
for value. The decree of registration shall not be reopened or
revised by reason of absence, minority, or other disability of any

person adversely affected thereby, nor by any proceeding in any

court for reversing judgments, subject, however, to the right of any
person, including the government and the branches thereof,
deprived of land or of any estate or interest therein by such
adjudication or confirmation of title obtained by actual fraud, to file
in the proper Court of First Instance a petition for reopening and
review of the decree of registration not later than one year from
and after the date of the entry of such decree of registration, but in
no case shall such petition be entertained by the court where an
innocent purchaser for value has acquired the land or an interest
therein, whose rights may be prejudiced. Whenever the phrase
"innocent purchaser for value" or an equivalent phrase occurs in
this Decree, it shall be deemed to include an innocent lessee,
mortgagee, or other encumbrancer for value.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of
registration in any case may pursue his remedy by action for
damages against the applicant or any other persons responsible for
the fraud.
Section 33. Appeal from judgment, etc. The judgment and orders
of the court hearing the land registration case are appealable to the
Court of Appeals or to the Supreme Court in the same manner as in
ordinary actions:
Section 34. Rules of procedure. The Rules of Court shall, insofar as
not inconsistent with the provision of this Decree, be applicable to
land registration and cadastral cases by analogy or in a suppletory
character and whenever practicable and convenient.
CHAPTER
SUBSEQUENT REGISTRATION

I
VOLUNTARY DEALINGS WITH REGISTERED LANDS
Section 68. Implied, trusts, how established. Whoever claims an
interest in registered land by reason of any implied or constructive
trust shall file for registration with the Register of Deeds a sworn
statement thereof containing a description of the land, the name of
the registered owner and a reference to the number of the

certificate of title. Such claim shall not affect the title of a

purchaser for value and in good faith before its registration.
CHAPTER
ASSURANCE FUND

VII

Section 93. Contribution to Assurance Fund. Upon the entry of a

certificate of title in the name of the registered owner, and also
upon the original registration on the certificate of title of a building
or other improvements on the land covered by said certificate, as
well as upon the entry of a certificate pursuant to any subsequent
transfer of registered land, there shall be paid to the Register of
Deeds one-fourth of one per cent of the assessed value of the real
estate on the basis of the last assessment for taxation purposes, as
contribution to the Assurance Fund. Where the land involved has
not yet been assessed for taxation, its value for purposes of this
decree shall be determined by the sworn declaration of two
disinterested persons to the effect that the value fixed by them is
to their knowledge, a fair valuation.
Nothing in this section shall in any way preclude the court from
increasing the valuation of the property should it appear during the
hearing that the value stated is too small.
Section 94. Custody and investment of fund. All money received
by the Register of Deeds under the preceding section shall be paid
to the National Treasurer. He shall keep this money in an Assurance
Fund which may be invested in the manner and form authorized by
law, and shall report annually to the Commissioner of the Budget
the condition and income thereof.
The income of the Assurance Fund shall be added to the principal
until said fund amounts to five hundred thousand pesos, in which
event the excess income from investments as well as from the
collections of such fund shall be paid into the National Treasury to
the account of the Assurance Fund.
Section 95. Action for compensation from funds. A person who,
without negligence on his part, sustains loss or damage, or is
deprived of land or any estate or interest therein in consequence of
the bringing of the land under the operation of the Torrens system
of arising after original registration of land, through fraud or in
consequence of any error, omission, mistake or misdescription in
any certificate of title or in any entry or memorandum in the
registration book, and who by the provisions of this Decree is

barred or otherwise precluded under the provision of any law from

bringing an action for the recovery of such land or the estate or
interest therein, may bring an action in any court of competent
jurisdiction for the recovery of damages to be paid out of the
Assurance Fund.
Section 96. Against whom action filed. If such action is brought to
recover for loss or damage or for deprivation of land or of any
estate or interest therein arising wholly through fraud, negligence,
omission, mistake or misfeasance of the court personnel, Register
of Deeds, his deputy, or other employees of the Registry in the
performance of their respective duties, the action shall be brought
against the Register of Deeds of the province or city where the land
is situated and the National Treasurer as defendants. But if such
action is brought to recover for loss or damage or for deprivation of
land or of any interest therein arising through fraud, negligence,
omission, mistake or misfeasance of person other than court
personnel, the Register of Deeds, his deputy or other employees of
the Registry, such action shall be brought against the Register of
Deeds, the National Treasurer and other person or persons, as codefendants. It shall be the duty of the Solicitor General in person or
by representative to appear and to defend all such suits with the
aid of the fiscal of the province or city where the land lies: Provided,
however, that nothing in this Decree shall be construed to deprive
the plaintiff of any right of action which he may have against any
person for such loss or damage or deprivation without joining the
National Treasurer as party defendant. In every action filed against
the Assurance Fund, the court shall consider the report of the
Commissioner of Land Registration.
Section 97. Judgment, how satisfied. If there are defendants other
than the National Treasurer and the Register of Deeds and
judgment is entered for the plaintiff and against the National
Treasury, the Register of Deeds and any of the other defendants,
execution shall first issue against such defendants other than the
National and the Register of Deeds. If the execution is returned
unsatisfied in whole or in part, and the officer returning the same
certificates that the amount due cannot be collected from the land
or personal property of such other defendants, only then shall the
court, upon proper showing, order the amount of the execution and
costs, or so much thereof as remains unpaid, to be paid by the
National treasurer out of the Assurance Fund. In an action under
this Decree, the plaintiff cannot recover as compensation more
than the fair market value of the land at the time he suffered the
loss, damage, or deprivation thereof.

Section 98. General Fund when liable. If at any time the Assurance
Fund is not sufficient to satisfy such judgment, the National
Treasurer shall make up for the deficiency from any funds available
in the treasury not otherwise appropriated.

notwithstanding the expiration of the original period of six years

first above provided.

Section 99. Subrogation of government to plaintiff's rights. In

every case where payment has been made by the National
Treasurer in accordance with the provisions of this Decree, the
Government of the Republic of the Philippines shall be subrogated
to the rights of the plaintiff against any other parties or securities.
The National Treasurer shall enforce said rights and the amount
recovered shall be paid to the account of the Assurance Fund.

TO: COURT OF APPEALS, COURT OF TAX APPEALS, THE SOLICITOR

GENERAL, THE GOVERNMENT CORPORATE COUNSEL, ALL MEMBERS
OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS
OF THE INTEGRATED BAR OF THE PHILIPPINES

Section 100. Register of Deeds as party in interest. When it

appears that the Assurance Fund may be liable for damages that
may be incurred due to the unlawful or erroneous issuance of a
certificate of title, the Register of Deeds concerned shall be
deemed a proper party in interest who shall, upon authority of the
Commissioner of Land Registration, file the necessary action in
court to annul or amend the title.
The court may order the Register of Deeds to amend or cancel a
certificate of title or to do any other act as may be just and
equitable.
Section 101. Losses not recoverable. The Assurance Fund shall
not be liable for any loss, damage or deprivation caused or
occasioned by a breach of trust, whether express, implied or
constructive or by any mistake in the resurveyed or subdivision of
registered land resulting in the expansion of area in the certificate
of title.
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,

Supreme Court Circular 1-91

SUBJECT: PRESCRIBING THE RULES GOVERNING APPEALS TO THE

COURT OF APPEALS FROM A FINAL ORDER OR DECISION OF THE
COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES.
1. Scope. These rules shall apply to appeals from final orders or
decision of the Court of Tax Appeals. They shall also apply to
appeals from final orders or decisions of any quasi-judicial agency
from which an appeal is now allowed by statute to the Court of
Appeals or the Supreme Court. Among these agencies are the
Securities and Exchange Commission, Land Registration Authority,
Social Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification
Administration,
Energy
Regulatory
Board,
National
Telecommunications Commission, Secretary of Agrarian Reform and
Special Agrarian Courts under RA 6657, Government Service
Insurance
System,
Employees
Compensation
Commission,
Agricultural Inventions Board, Insurance Commission and Philippine
Atomic Energy Commission.
2. Cases not covered. These rules shall not apply to decisions and
interlocutory orders of the National Labor Relations Commission or
the Secretary of Labor and Employment under the Labor Code of
the Philippines, the Central Board of Assessment Appeals, and
other quasi-judicial agencies from which no appeal to the courts is
prescribed or allowed by statute.
3. Who may appeal and where to appeal. The appeal of a party
affected by a final order, decision, or judgment of the Court of Tax
Appeals or of a quasi-judicial agency shall be taken to the Court of
Appeals within the period and in the manner herein provided,
whether the appeal involves questions of fact or of law or mixed
questions of fact and law. From final judgments or decision of the
Court of Appeals, the aggrieved party may appeal by certiorari to
the Supreme Court as provided in Rule 45 of the Rules of Court.

4. Period of appeal. The appeal shall be taken within fifteen [15]

days from notice of the ruling, award, order, decision, or judgment
or from the date of its last publication, if publication is required by
law for its effectivity. One [1] motion for reconsideration of said
ruling, award, order, decision, or judgment may be allowed, if the
motion is denied, the movant may appeal during the remaining
period for appeal reckoned from notice of the resolution of denial.
5. How appeal taken. Appeal shall be taken by filing a verified
petition for review in six [6] legible copies with the Court of
Appeals, a copy of which shall be served on the adverse party and
on the court or agency a quo. Proof of service of the petition on the
adverse party and on the court or agency a quo shall be attached
to the petition.
6. Contents of petition. The petition for review shall contain a
concise statement of the facts and issues involved and the grounds
relied upon for the review, and shall be accompanied by a duplicate
original or a certified true copy of the ruling , award, order, decision
or judgment appealed from, together with certified true copies of
such material portions of the record as are referred to therein and
other supporting papers. The petition shall state the specific
material dates showing that it was filed within the period fixed
herein.
7. Docketing and other fees; exemption therefrom. Upon filing the
petition for review, the petitioner shall pay to the clerk of the Court
of Appeals, the docketing and other prescribed fees. In case the
appellant is a laborer, or employee, agricultural lessee or tenant, he
may file a verified motion setting forth said fact and praying that he
be exempted from payment of docketing and other legal fees and
the deposit for costs. If the court denies the motion, the appellant
shall pay the docketing and other legal fees within fifteen [15] days
from notice of the denial otherwise the appeal shall be dismissed.
8.When petition given due course. The Court of Appeals shall give
due course to the petition only when it shows prima facie that the
court, commission, board, office or agency concerned has
committed errors of fact or law that would warrant reversal or
modification of the order, ruling or decision sought to be reviewed.
The findings of fact of the court, commission, board, office or
agency concerned, when supported by substantial evidence, shall
be final.cralaw

9.Deposit for costs. If the petition is given due course, the

petitioner shall deposit with the Court of Appeals the sum of four
hundred [P400.00] for costs within three [3] days from notice by
the Clerk of Court, unless a different period is fixed by the Court.
Upon failure of petitioner to make the deposit within the said
period, the petition shall be dismissed.cralaw
10.Answer of respondent. Within ten [10] days from notice that
the petition has been given due course, the respondent may file an
answer to the petition. The answer shall be filed in six [6] legible
copies and accompanied by certified true copies of such material
portions of the record referred to therein together with other
supporting papers. The answer shall [a] point out insufficiencies or
inaccuracies in the petitioners statement of facts and issues; and
[b] state the reason why the petition should be denied or
dismissed. Copy thereof shall be served on the petitioner. If no
answer is filed, the Court of Appeals shall rendered judgment on
the basis of the petition.cralaw
11.Transmittal of record. Within fifteen [15] days from notice that
the petition has been given due course, the court, commission,
board, office or agency concerned shall transmit to the Court of
Appeals the origin or certified copy of the entire record of the
proceeding under review. The record to be transmitted may be
abridged by agreement of all parties to the proceeding. The Court
of Appeals may require or permit subsequent correction or addition
to the record.cralaw
12.Effect of appeal. The appeal shall not stay the order, ruling or
decision sought to be reviewed unless the Court of Appeals shall
direct otherwise upon such terms as it may deem just. [Rules 43,
44].
13.Submission for decision. The case shall be deemed submitted
for decision upon filing of the answer or expiration of the period to
do so, unless the Court of Appeals sets the case for oral argument
or requires the parties to submit memoranda.cralaw
14. Rules 43 and 44 of the Rules of Court are hereby repealed and
superseded by this Circular.cralaw
15. This Circular shall take effect fifteen [15] days after its
publication in a newspaper of general circulation.cralaw

For strict compliance.

Rules of Civil Procedure

February 27, 1991.

RULE 37

BP 129 The Judiciary Reorganization Act of 1980

New Trial or Reconsiderations

CHAPTER IV
GENERAL PROVISIONS
Sec. 39. Appeals. The period for appeal from final orders,
resolutions, awards, judgments, or decisions of any court in all
cases shall be fifteen (15) days counted from the notice of the final
order, resolution, award, judgment, or decision appealed from:
Provided however, That in habeas corpus cases, the period for
appeal shall be forty-eight (48) hours from the notice of the
judgment appealed from.
No record on appeal shall be required to take an appeal. In lieu
thereof, the entire record shall be transmitted with all the pages
prominently numbered consecutively, together with an index of the
contents thereof.
This section shall not apply in appeals in special proceedings and in
other cases wherein multiple appeals are allowed under applicable
provisions of the Rules of Court.
RESOLUTION OF THE COURT EN BANC, DATED JANUARY 11,
1983 PROVIDING FOR THE INTERIM OR TRANSITIONAL
RULES AND GUIDELINES RELATIVE TO THE IMPLEMENTATION
OF THE JUDICIARY REORGANIZATION ACT OF 1980 (B.P. Blg.
129)
19. Period of Appeal.
(a) All appeals, except in habeas corpus cases and in the cases
referred to in paragraph (b) hereof, must be taken within fifteen
(15) days from notice of judgment, order, resolution or award
appealed from.
(b) In appeals in special proceedings in accordance with Rule 109 of
the Rules of Court and other cases wherein multiple appeals are
allowed, the period of appeal shall be thirty (30) days, a record of
appeal being required.

Section 1.
Grounds of and period for filing motion for new trial
or reconsideration. Within the period for taking an appeal, the
aggrieved party may move the trial court to set aside the judgment
or final order and grant a new trial for one or more of the following
causes materially affecting the substantial rights of said party:
(a)
Fraud, accident, mistake or excusable negligence which
ordinary prudence could not have guarded against and by reason of
which such aggrieved party has probably been impaired in his
rights; or
(b)
Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at the trial,
and which if presented would probably alter the result.
Within the same period, the aggrieved party may also move for
reconsideration upon the grounds that the damages awarded are
excessive, that the evidence is insufficient to justify the decision or
final order, or that the decision or final order is contrary to law. (1a)
Section 2.
Contents of motion for new trial or reconsideration
and notice thereof. The motion shall be made in writing stating
the ground or grounds therefor, a written notice of which shall be
served by the movant on the adverse party.
A motion for new trial shall be proved in the manner provided for
proof of motion. A motion for the cause mentioned in paragraph (a)
of the preceding section shall be supported by affidavits of merits
which may be rebutted by affidavits. A motion for the cause
mentioned in paragraph (b) shall be supported by affidavits of the
witnesses by whom such evidence is expected to be given, or by
duly authenticated documents which are proposed to be introduced
in evidence.
A motion for reconsideration shall point out a specifically the
findings or conclusions of the judgment or final order which are not
supported by the evidence or which are contrary to law making
express reference to the testimonial or documentary evidence or to
the provisions of law alleged to be contrary to such findings or
conclusions.

A pro forma motion for new trial or reconsideration shall not toll the
reglementary period of appeal. (2a)
Section 3.
Action upon motion for new trial or reconsideration.
The trial court may set aside the judgment or final order and
grant a new trial, upon such terms as may be just, or may deny the
motion. If the court finds that excessive damages have been
awarded or that the judgment or final order is contrary to the
evidence or law, it may amend such judgment or final order
accordingly. (3a)
Section 4.
Resolution of motion. A motion for new trial or
reconsideration shall be resolved within thirty (30) days from the
time it is submitted for resolution. (n)
Section 5.
Second motion for new trial. A motion for new trial
shall include all grounds then available and those not so included
shall be deemed waived. A second motion for new trial, based on a
ground not existing nor available when the first motion was made,
may be filed within the time herein provided excluding the time
during which the first motion had been pending.
No party shall be allowed a second motion for reconsideration of a
judgment or final order (4a, 4, IRG)
Section 6.
Effect of granting of motion for new trial. If a new
trial is granted in accordance with the provisions of this Rules the
original judgment or final order shall be vacated, and the action
shall stand for trial de novo; but the recorded evidence taken upon
the former trial, insofar as the same is material and competent to
establish the issues, shall be used at the new trial without retaking
the same. (5a)
Section 7.
Partial new trial or reconsideration. If the grounds
for a motion under this Rule appear to the court to affect the issues
as to only a part, or less than an of the matter in controversy, or
only one, or less than all, of the parties to it, the court may order a
new trial or grant reconsideration as to such issues if severable
without interfering with the judgment or final order upon the rest.
(6a)
Section 8.
Effect of order for partial new trial. When less than
all of the issues are ordered retried, the court may either enter a
judgment or final order as to the rest, or stay the enforcement of
such judgment or final order until after the new trial. (7a)

Section 9.
Remedy against order denying a motion for new trial
or reconsideration. An order denying a motion for new trial or
reconsideration is not appealed, the remedy being an appeal from
the judgment or final order. (n)
RULE 38
Relief from Judgments, Orders, or Other Proceedings
Section 1.
Petition for relief from judgment, order, or other
proceedings. When a judgment or final order is entered, or any
other proceeding is thereafter taken against a party in any court
through fraud, accident, mistake, or excusable negligence, he may
file a petition in such court and in the same case praying that the
judgment, order or proceeding be set aside. (2a)
Section 2.
Petition for relief from denial of appeal. When a
judgment or final order is rendered by any court in a case, and a
party thereto, by fraud, accident, mistake, or excusable negligence,
has been prevented from taking an appeal, he may file a petition in
such court and in the same case praying that the appeal be given
due course. (1a)
Section 3.
Time for filing petition; contents and verification. A
petition provided for in either of the preceding sections of this Rule
must be verified, filed within sixty (60) days after the petitioner
learns of the judgment, final order, or other proceeding to be set
aside, and not more than six (6) months after such judgment or
final order was entered, or such proceeding was taken, and must be
accompanied with affidavits showing the fraud, accident, mistake,
or excusable negligence relied upon, and the facts constituting the
petitioner's good and substantial cause of action or defense, as the
case may be. (3)
Section 4.
Order to file an answer. If the petition is sufficient
in form and substance to justify relief, the court in which it is filed,
shall issue an order requiring the adverse parties to answer the
same within fifteen (15) days from the receipt thereof. The order
shall be served in such manner as the court may direct, together
with copies of the petition and the accompanying affidavits. (4a)
Section 5.
Preliminary injunction pending proceedings. The
court in which the petition is filed may grant such preliminary
injunction as may be necessary for the preservation of the rights of
the parties, upon the filing by the petitioner of a bond in favor of

the adverse party, conditioned that if the petition is dismissed or

the petitioner fails on the trial of the case upon its merits, he will
pay the adverse party all damages and costs that may be awarded
to him by reason of the issuance of such injunction or the other
proceedings following the petition, but such injunction shall not
operate to discharge or extinguish any lien which the adverse party
may have acquired upon, the property, of the petitioner. (5a)
Section 6.
Proceedings after answer is filed. After the filing of
the answer or the expiration of the period therefor, the court shall
hear the petition and if after such hearing, it finds that the
allegations thereof are not true, the petition shall be dismissed; but
if it finds said allegations to be true, it shall set aside the judgment
or final order or other proceeding complained of upon such terms
as may be just. Thereafter the case shall stand as if such judgment,
final order or other proceeding had never been rendered, issued or
taken. The court shall then proceed to hear and determine the case
as if a timely motion for a new trial or reconsideration had been
granted by it. (6a)
Section 7.
Procedure where the denial of an appeal is set aside.
Where the denial of an appeal is set aside, the lower court shall
be required to give due course to the appeal and to elevate the

record of the appealed case as if a timely and proper appeal had

been made. (7a)
Civil Code
Title V. - TRUSTS (n)
CHAPTER 1
GENERAL PROVISIONS
Art. 1441. Trusts are either express or implied. Express trusts are
created by the intention of the trustor or of the parties. Implied
trusts come into being by operation of law.
CHAPTER 2
EXPRESS TRUSTS
Art. 1444. No particular words are required for the creation of an
express trust, it being sufficient that a trust is clearly intended.
Art. 1445. No trust shall fail because the trustee appointed declines
the designation, unless the contrary should appear in the
instrument constituting the trust.