FFinal Examination 1
FFinal Examination 1
FFinal Examination 1
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.
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."