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PETITION FOR REVIEW OF DECREE

TO AVAIL OF THIS PETITION

1. The petitioner must have an estate or interest over the land
2. He must show actual fraud in the procurement of the decree
3. Petition must be filed within 1 year from the issuance of the decree
4. Property hasn't yet passed to an innocent purchaser for value

SPECIFIC INSTANCES OF ACTUAL FRAUD

1. Deliberate misrepresentation that the lots aren’t contested

2. Applying for and obtaining adjudication and registration in the name of the co-owner which he knows had not been allotted to him in the partition
3. Intentionally concealing facts
4. Willful representation that there are no other claims
5. Deliberate failing to notify party entitled to notice
6. Misrepresentation as to the identity of the lot to the true owner
7. Concealment of vital facts
8. Deliberate falsehood

PETITION MUST BE FILED WITHIN 1 YEAR FROM DATE OF ENTRY OF THE DECREE—this decree pertains to the decree prepared and issued by the LRA

IN CASE OF PUBLIC LANDS, HOW SHOULD THE PERIOD BE COMPUTED?

> Date of issuance of the patent corresponds to the date of the decree in ordinary registration cases
> Decree finally awards the land applied for registration to the party entitled to it and the patent issued by the Director of Lands equally and finally grants, awards, and conveys the lands applied for to the applicant

WHEN RELIEF MAY NOT BE GRANTED?

1. When the alleged fraud goes into the merits of the case, is intrinsic, and has been controverted and decided
2. Where it appears that the fraud consisted in the presentation at the trial of a supposed forged document, or of a false or perjured testimony, or in basing a judgment on a fraudulent CA, or in the alleged fraudulent acts or omissions of the accused

INNOCENT PURCHASER FOR VALUE AND IN GOOD FAITH

> One who buys property of another, without notice that some other person has a right to, or interest in, such property and pays a full and fair price for the same, at the time of such purchase, or Before he has notice of the claim or interest of some other person in the property
> Good faith is the honest intention to abstain from taking any unconscientious advantage of another
> The decree guarantees to every purchaser of registered land in good faith that they can take and hold the same free from any and all prior claims, liens and encumberances except those set forth in the certificate of title
> Good faith requires a well-founded belief that the person from whom the title was received was himself the owner of the land, with the right to convey it

ALL PERSONS DELAYING WITH PROPERTY COVERED BY A TORRENS TITLE ARE NOT REQUIRED TO GO BEYOND WHAT APPEARS ON THE FACE OF THE TITLE

> A person dealing with registered land is only charged of the notice of the burdens on the property which are noted on the face of the register or certificate of title

AS A RULE, HE WHO ASSERTS THE STATUS OF A PURCHASER IN GOOD FAITH AND FOR VALUE HAS THE BURDEN OF PROVING SUCH ASSERTION—cannot be discharged by the mere invocation of the legal presumption of good faith.

RULE ON CAVEAT EMPTOR

> Requires that the purchaser to be aware of the supposed title of the vendor and one who buys without checking the vendor’s title takes all the risks and losses consequent to such failure

INNOCENT PURCHASER FOR VALUE INCLUDES AN INNOCENT LESSEE, MORTGAGEE, ENCUMBERANCER FOR VALUE A PERSON DEALING WITH REGISTERED LAND HAS A RIGHT TO RELY UPON THE FACE OF THE CERTIFICATE OF TITLE AND TO DISPENSE WITH THE NEED OF INQUIRING FURTHER, EXCEPT when the party concerned has actual knowledge of the facts and circumstances that would impel a reasonably cautious man to make an inquiry

RULES ON GOOD FAITH ARE NOT ABSOLUTE

> The presence of anything which excites or arouses suspicion should prompt the vendee to look beyond the certificate and investigate the title of the vendor appearing on the face of the certificate

A FORGED DEED MAY BE THE ROOT OF A VALID TITLE

> Where innocent third persons relying on the correctness of the certificate acquires rights over the property, the court cannot disregard such rights and order the total cancellation of the certifcate for that would impair public confidence in the certificate

GOOD FAITH IS A QUESTION OF FACT

RULE ON DOUBLE SALE OF PROPERTY

1. The first registrant in good faith
2. The first possessor in good faith
3. The buyer who in good faith presents the oldest title

RULE OF “PRIOR EST TEMPORAE, PRIOR EST IN JURA”

> He who first in time is first in right
> The rule that where 2 certificates purport to include the same land, the earlier in date prevails, is valid only absent any anomaly or irregularity tainting the registration process
> Knowledge gained by the first buyer of the second sale cannot defeat the first buyer’s right except only as provided for in the CC and that’s where the second buyer first registers in good faith the second sale ahead of the first

RULES OF PREFERENCE

1. The first registrant in good faith
2. The first in possession in good faith
3. The buyer who presents the olders title in good faith