JUDGMENT & DECREE

JUDGMENT & DECREE

DECREE – issued by LRA containing technical description of land; issued after finality of judgment

1. Decrees dismissing application

2. Decrees of confirmation and registration
• Final 1 year after decree, unless there is an innocent purchaser for value
• Subject only to appeal
• Once final, cannot be subject to attack and is deemed conclusive against the world

3. Put end to litigation

4. Purpose of Torrens system is protected
• Amendment after 1 year is allowed - creation or extinguishment of new rights; inclusion of new owners not allowed

JUDGMENT– decision of court constituting its opinion after taking into consideration the evidence submitted

WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant; no prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying

WHEN WRIT MAY NOT ISSUE: when party entered into property after issuance of final decree, is not an oppositor in registration proceeding, and is in possession of land for at least 10 years

MEANS TO RECOVER POSSESSION:
1. Forcible entry

2. Unlawful detainer

3. Accion publiciana

4. Accion reindivicatoria

RES JUDICATA:

1. Former judgment must be final

2. Rendered by court having jurisdiction over subject matter & parties

3. Judgment on merits

4. Identity of parties, subject matter and causes of action

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:

1. MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment

GROUNDS:
a. Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded

b. Newly discovered evidence which could not be discovered & produced at trial

c. Evidence insufficient to justify decision, decision is against the law

2. APPEAL – must be brought 15 days from notice of judgment

3. REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court;

became non-party due to misrepresentation;

invoke actual fraud;

before expiration of 1 year;

specific acts intended to deceive;

will no longer prosper if already transferred to innocent purchaser for value

Requisites:
a. Plaintiff is owner of land registered in name of defendant

b. Registration procured through actual fraud

c. Property has not issued to innocent purchaser for value

d. Action is filed within 1 year after issuance of decree of registration

4. RELIEF FROM JUDGMENT – 60 days – 6 months after entry of order;

available to party to case, FAME; after judgment; person deprived of right is party to case

5. RECONVEYANCE – action in personam;

available so long as property not yet passed to innocent purchaser for value; bad faith or with notice of defect

6. RECOVERY FOR DAMAGES
REQUISITES:
a. Person is wrongfully deprived of his land by registration in name of another – actual or constructive fraud
b. No negligence on his part
c. Barred/ precluded from bringing an action
d. Action for compensation has not prescribed

PA ADVISE PO AKO, PAANO AT SAAN KO MAKUKUHA ANG COURT ORDER PARA MAPALAYAS ANG SQUATTER SA RESIDENTIAL LOT KO AFTER WINNING THE CASE?