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  REMEDIES GROUNDS WHEN TO FILE PRESCRIPTION NOTES MOTION FOR NEW TRIAL 1.   FAME 2.   Newly Discovered Evidence Filed within the period of appeal and 15 days from the receipt of judgment Result of motion: 1.   DENIED- appeal on srcinal  judgement and not the motion 2.   GRANTED- vacated, trial de novo, evidence MOTION FOR RECONSIDERATION 1.   Award of damages excessive 2.   Insufficiency of evidence 3.   Decision is contrary to law Filed within the period of appeal and 15 days from the receipt of judgment Result of motion: 1.   DENIED- appeal on srcinal  judgement and not the motion 2.   GRANTED- court may amend the  judgment or decision based on the grounds PETITION FOR RELIEF OF JUDGEMENT 1.   FAME Filed within 60 days from the knowledge of judgment and not more than 6months from entry of final  judgment Petition is to set aside the judgment or final order or proceeding APPEAL ORDINARY APPEAL a.   File notice of appeal- 15 days from notice of  judgment b.   File notice and record of appeal- 30 days from notice of  judgment MODES OF APPEAL 1.   ORDINARY APPEAL- Notice of appeal- the following must be stated , 1. Name of parties,  judgment or final order or its part, show time stating timeliness of filing appeal Notice of appeal and record of appeal-  the following must be stated , 1. Name of parties, judgment or final order or its part, show time stating timeliness of filing appeal, on which court will you elevate the decision of the RTC    2.   PETITION FOR REVIEW- raised issues: question of fact, plain question of law, mixed question of fact and law 3.   PETITION FOR CERTIORARI- issue raised is pure question of law, RTC rendered judgement in its srcinal  jurisdiction REVIEW OF DECREE OF REGISTRATION 1.   EXTRINSIC FRAUD 2.   ACTUAL FRAUD Filed within 1 year from issuance of the decree of registration 4 REQUISITES FOR REVIEW 1.   The land belonging to a person has been registered in the name of another 2.   It was procured by actual or extrinsic fraud 3.   Petition must be filed within 1 year from issuance of decree 4.   Property not yet transferred to innocent purchaser for value RECONVEYANCE 1.   FRAUD 2.   OTHER ILLEGAL MEANS 1.   FRAUD- 4 YEARS FROM DISCOVERY OF FRAUD (VOIDABLE) 2.   IMPLIED TRUST- 10 YEARS FROM DATE OF ISSUANCE OF OCT 3.   VOID CONTRACT- IMPRESCRIPTIBLE Jurisdiction: MTC or RTC where land is located Basis : Assessed Value in Tax Dec Requisites for action: 1.   Action must be brought in the name of person claiming ownership 2.   Registration was procured through fraud or other illegal means 3.   Property not yet passed to innocent purchaser for value 4.   Action is filed after CT is final but within prescribed time Reconveyance may be barred by  prescription, laches, res judicata     QUIETING OF TITLE 1.   CLOUD Cloud or doubt exist because of: 1.   An instrument, deed, record, contract, encumbrance, proceeding 2.   Which is apparently valid and effective 3.   But in truth and in fact is invalid ineffective or unenforceable 4.   And may be prejudicial to title This can only be availed of if cloud which exists is apparently valid or effective RECOVERY FOR DAMAGES Applicable if you can’t recover property because it has been passed to innocent purchaser for value ANNULMENT OF JUDGEMENT/ FINAL ORDER/ RESOLUTION 1.   LACK OF JURISDICTION 2.   EXTRINSIC FRAUD 1.   LACK OF JURISDICTION- IMPRESCRIPTIBLE 2.   EXTRINSIC FRAUD- 4 YEARS Applicable only if MNT MR A PRJ is not among the available remedies. It is not allowed if he only fails to file any of them. REVERSION 1.   VIOLATION OF SEC 118 2.   120 3.   121 4.   122 5.   123 6.   CERTIFICATE OF TITLE OR FREE PATENT ACQUIRED THRU FRAUD 7.   ALL LANDS OF PUBLIC DOMAIN ACQUIRED IN VIOLATION OF CONSTITUTION 8.   NON-REGISTRABLE LANDS REGISTERED IN THE NAME OF DEFENDANT
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