Land Titles Atty.

Abano Charts | - 1 -

Land Registrable under the Torrens System

Judicial Proceeding Administrative Proceeding

Original Registration Sales Patent

Judicial Confirmation Homestead Patent
Cadastral Registration Free Patent
Special Patent

Petition Application
Publication Opposition
Opposition/Answer Adverse Claim
RTC/MTC Default
LRA

LMB/DENR

Hearing Hearing
Evidence Processing

Judgment Order

LRA Decree Patent

ROD Certificate of Title Certificate of Title ROD

Remedies

RTC RTC

Reconstitution
Other Actions/Petitions

Subsequent Registration ROD

ROD Court Judgment/Order
 Land Titles
Hearing Judgment
Motion to Lift/Set Aside Order
of Default
By defaulted oppositor
Before judgment
FAME and with valid defense, under
oath (Rule 9, Section 3)
Action for Damages
By aggrieved party
After 1 year from Decree and no
reconveyance possible due to IPV
Within 4 years from discovery of
fraud
Against person responsible for fraud
CRIMINAL ACTION
Sec. 116, Act. 496
Against a person who obtained
registration thru perjury
Finality
New Trial
Rule 37
By aggrieved party
Within 15 days from receipt of
judgment
FAME and newly discovered
evidence:
*discovered after trial
*not discovered earlier even with
exercise of diligence
*will probably alter judgment
APPEAL
By aggrieved party
Within 15 days from receipt of
judgment
To CA by ordinary appeal; then to
SC by petition for review
Action for Compensation from
Assurance Fund
By person deprived of his land by
reason of operation of Torrens
system, provided:
*no negligence on his part
*barred from recovering land
Within 6 tears from issuance of
certificate of title
Against a person responsible for
fraud, RDO, and National Treasurer
Compensation: value of land at
time of loss
Execution first against person
responsible for fraud, if insolvent,
against national treasury
Decree OCT
Relief from Judgment
By aggrieved party
Rule 38, Sec. 2
Within 60 days from knowledge of,
and 6 months from , judgment
FAME with affidavit of merit; in case
of extrinsic fraud, state that deprived
hearing or prevented from appealing
Cancellation Suit
(Quieting of Title or Reversion)
By aggrieved party or government
In case of double title:
*earlier title prevails, unless procured
by fraud or jurisdictionally flawed
*later title is void even if IPV derives
title therefrom
In case of non-registered land:
*to be filed by OSG
*for cancellation of title or reversion
to State
Voiding or cancellation of OCT does
not affect derivative TCTs if their
holders not given opportunity to be
heard and defend their title
Atty. Abano Charts | - 2 -
1 Year
Petition for Review Action for Reconveyance
Sec. 32, PD 1529 S. 96 PD 1529 / S. 102 Act.
By aggrieved party, including person By aggrieved party, 496
whose land was
deprived of opportunity to be heard registered wrongly to another person
Within 1 year from entry of decree Before issuance of decree, or
To be filed in same registration case within/after one year from entry
Ground of actual/extrinsic fraud No IPV
committed outside the trial, preventing Grounds:
petitioner from presenting his side *fraud, must be filed within 4 years
Provided no innocent purchaser for from discovery or issuance of OCT
value (IPV) *implied/constructive trust thru
mistake/fraud, must be filed within
10 years from OCT/TCT;
imprescriptible if by registered owner
of his children, or co-heir, or plaintiff
in possession
*express trust, imprescriptible
*void contract, imprescriptible
Quieting of Title
(Art. 476 of NCC)
Ordinary civil case to remove cloud on
title to real property or interest
therein, by reason of any contract,
record, claim, encumbrance, or
proceedings that is void, voidable, or
invalid
By registered owner of person with
right or interest in the property
Imprescriptible if plaintiff is in
possession; if not, within 10 years
from loss of possession