FFinal Examination 1

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Student ID No. of title which was granted by RTC Davao.

Thus,
unknown to Z, Z able to secure a new Title Certificate of
Final Examination
Title in her name.
Revised Rules of Civil Procedure
a. If you are the lawyer of Z, what judicial remedy
will you take? Discuss.

1. By sheer coincidence, Atty. Z was on the same day, Section 32. Review of decree of registration; Innocent
June 30, 1991, served with adverse decisions of the purchaser for value. The decree of registration shall not
Court of Appeals and the Regional Trial Court. In each be reopened or revised by reason of absence, minority,
case, he filed a motion for reconsideration or other disability of any person adversely affected
simultaneously on July 10. 1991. He received notices of thereby, nor by any proceeding in any court for
the denial of his two motions for reconsideration on reversing judgments, subject, however, to the right of
August 15, 1991. If Atty. Z decides to appeal in each of
any person, including the government and the branches
the two cases.
thereof, deprived of land or of any estate or interest
(a) What mode of appeal should he pursue in each therein by such adjudication or confirmation of title
case? obtained by actual fraud, to file in the proper Court of
First Instance a petition for reopening and review of the
The ordinary appeal can be pursued by Z upon
receipt of the notice of denial from the RTC. decree of registration not later than one year from and
after the date of the entry of such decree of registration,
Under the Rules of Court, an ordinary appeal but in no case shall such petition be entertained by the
can be done by filing a notice of appeal with the court where an innocent purchaser for value has
court which rendered the judgment or final order
acquired the land or an interest therein, whose rights
appealed from and serving a copy thereof upon the
adverse party. may be prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase occurs in
On the other hand, Z may avail of the appeal by this Decree, it shall be deemed to include an innocent
certiorari to the Supreme Court with respect to the lessee, mortgagee, or other encumbrancer for value.
denial of the Court of Appeals.
Upon the expiration of said period of one year, the
Appeal by certiorari to the Supreme Court is the decree of registration and the certificate of title issued
only mode of appeal available which centers in shall become incontrovertible. Any person aggrieved by
questioning the decision of the lower court involving such decree of registration in any case may pursue his
purely questions of law. remedy by action for damages against the applicant or
(b) How would he perfect each appeal? any other persons responsible for the fraud.

Under the Rules of Court, a party’s appeal by


notice of appeal is deemed perfected as to him upon Section 33. Appeal from judgment, etc. The judgment
filing of the notice of appeal in due time. and orders of the court hearing the land registration
On the under the hand, the Rules of Court also case are appealable to the Court of Appeals or to the
provides that a party’s appeal by record on appeal Supreme Court in the same manner as in ordinary
is perfected as to him with respect to the subject actions:
matter thereof upon the approval of the record on
1. New trial or reconsideration under Rule 37
appeal filed in due time.
2. Relief of judgment under Rule 38
(c) Within what time should each appeal be
perfected? 3. Appeal to the CA or SC in the manner as ordinary
actions pursuant to Section 33 of PD 1529
Under the Rules of Court, the appeal by filing a
notice of appeal is perfected within 15 days after 4. Review of Decree, Section 32
such notice is filed in court.
5. Claim under Assurance Fund, Section 95
At the other side of the bench, the Rules of Court
also provides that an appeal by record on appeal is 6. Reversion under Section 101 of CA 141
perfected within 3o days from the approval of the 7. Cancellation of title
records on appeal.
8. Annulment of judgment under Rule 37
2. Z, a resident of Davao City, secured a favorable
judgment in an ejectment case against X, a resident of 9. Quieting of Title
Tacurong City. The judgment entered on June 15 1991 10. Action for reconveyance
had not yet executed. In July 1996, Z decided to enforce
the judgment of the MTC of Surallah. 11. Criminal prosecution under the Revised Penal Code

a. What is the procedure to be followed by Z in


enforcing the judgment?

b. What court should Z institute said proceedings?


4. TRUE OR FALSE. Then, discuss.
3. In 2015, Z purchased from X a lot located in Davao
City. The latter executed a deed of sale and handed Z
the owner’s duplicate copy of title. Z kept the title in his 1. FAILURE TO PAY APPELLATE FEE WILL NOT
AUTOMATICALLY CAUSE THE DISMISSAL OF
possession without having transferred it to his name. a
THE APPEAL IN THE MTC TO THE RTC.
few years thereafter, when he already had the funds to
pay for the transfer costs, Z went to the Register of
TRUE. It does not automatically result in the
Deeds and discovered that after the sale X filed a
dismissal of the appeal unless it affects the
petition for reconstitution of the owner’s duplicate copy
jurisdiction of the court. The payment of an modified in any respect. The exceptions to this rule
appellate fee is not a requisite to the perfection of are correction of clerical errors, nunc pro tunc
an appeal. judgment, void judgments, and when execution of
the judgment is unjust and unequitable.
2. RULE 47 APPLIES TO PETITIONS FOR THE
NULLIFICATION OF JUDGMENTS RENDERED 8. What are the modes of appeal to the Supreme
BY REGIONAL TRIAL COURTS AND MUNICIPAL Court?
TRIAL COURTS FILED WITH THE COURT OF
Under Section 3, Rule 56 of the Rules of Court,
APPEALS.
an appeal to the Supreme Court may be taken only
by a petition for review on certiorari, except in
FALSE. Rule 47 governs the annulment by the Court
criminal cases where the penalty imposed is death,
of Appeals of judgments, finals orders and reclusion perpetua or life imprisonment.
resolutions in civil actions of the Regional Trial
Court for which the ordinary remedies of new trial, 9. What is the concept of presumptive
appeal, petition for relief or other appropriate notice/service? Discuss.
remedies are no longer available through no fault
of the petitioner. 10. X received a copy of the RTC decision on June 9,
1999. Y received it on the next day, June 10,
3. ANNULMENT OF JUDGMENT UNDER RULE 47 1999. X filed a Notice of Appeal on June 15,
APPLIES TO QUASI JUDICIAL AGENCIES. 1999. The parties entered into a compromise on
June 16, 1999. On June 13, 1999, Y, who did
FALSE. Rule 47 governs the annulment by the Court not appeal, filed with the RTC a motion for
of Appeals of judgments, finals orders and approval of the Compromise Agreement but X
resolutions in civil actions of the Regional Trial changed his mind and opposed the motion on the
ground that the RTC has no more jurisdiction.
Court for which the ordinary remedies of new trial,
appeal, petition for relief or other appropriate
a. Rule on the motion assuming that the
remedies are no longer available through no fault
records have not yet been forwarded to the
of the petitioner. CA.

4. ANNULMENT OF JUDGMENT UNDER RULE 47 The argument is, however, specious. "Lack of
DOES NOT APPLY TO CRIMINAL CASES. jurisdiction on the part of the trial court in
rendering the judgment or final order is either lack
TRUE. Rule 47 refers only to annulment by the of jurisdiction over the subject matter or nature of
Court of Appeals of judgments, final orders or the action, or lack of jurisdiction over the person of
resolution in civil actions of the RTC. the petitioner."[42] Here, it is undisputed that the
RTC acquired jurisdiction over the person of Abner,
5. ANNULMENT OF JUDGMENT UNDER RULE 47 he having asked for affirmative relief therefrom
OF THE RULES OF COURT IS ALLOWED EVEN several times.[43] As mentioned, what Abner
IF THE ORDINARY REMEDIES OF NEW TRIAL, questions is the RTC's jurisdiction over the case.
APPEAL, PETITION FOR RELIEF OR OTHER
APPROPRIATE REMEDIES ARE STILL "In a petition for annulment of judgment based on
AVAILABLE THROUGH NO FAULT OF lack of jurisdiction, petitioner must show not
PETITIONER. merely an abuse of jurisdictional discretion but an
absolute lack of jurisdiction. Lack of jurisdiction
FALSE. Rule 47 is allowed only in annulment by the means absence of or no jurisdiction, that is, the
CA of judgments, final orders or resolution by the court should not have taken cognizance of the
RTC for which the ordinary remedies of new trial, petition because the law does not vest it with
appeal, petition for relief or other appropriate jurisdiction over the subject matter. Jurisdiction
remedies are no longer available through no fault over the nature of the action or subject matter is
of the petitioner. conferred by law."

6. What is the effect of harmless error commited by Bonus Question:


the trial court?
What is the effect of the amendments to the
Under the Rules of Court, no error in either the 1997 Rules of Civil Procedure on pending cases?
admission or the exclusion of evidence or no error or
defect in any ruling by the trial court is a ground The New Rules will be effective on May 1,
for granting a new trial or setting aside, modifying 2020 and shall cover (i) all cases filed after the
or otherwise disturbing a judgment or order unless said date; and, (ii) all pending proceedings except
refusal to take such action appears to the court
to the extent that, in the opinion of the court, their
inconsistent with substantial justice.
application would not be feasible or would work
injustice.
6. What is the rule if the opinion of the Court is
equally divided?
-end-
7. May a judgment which has become final and
executory still be questioned, attacked or set aside?
Discuss.

Pursuant to the immutability of judgment, a


decision that has acquired finality becomes
immutable and alterable, and may no longer be

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