PD 1529 PROPERTY REGISTRATION
DECREE
Section 30. When judgment becomes final;
duty to cause issuance of decree. The judgment
rendered in a land registration proceedings
becomes final upon the expiration of thirty days
to be counted from the data of receipt of notice
of the judgment. An appeal may be taken from
the judgment of the court as in ordinary civil
cases.
After judgment has become final and executory,
it shall devolve upon the court to forthwith issue
an order in accordance with Section 39 of this
Decree to the Commissioner for the issuance of
the decree of registration and the corresponding
certificate of title in favor of the person
adjudged entitled to registration.
Section 31. Decree of registration. Every
decree of registration issued by the
Commissioner shall bear the date, hour and
minute of its entry, and shall be signed by him.
It shall state whether the owner is married or
unmarried, and if married, the name of the
husband or wife: Provided, however, that if the
land adjudicated by the court is conjugal
property, the decree shall be issued in the name
of both spouses. If the owner is under disability,
it shall state the nature of disability, and if a
minor, his age. It shall contain a description of
the land as finally determined by the court, and
shall set forth the estate of the owner, and also,
in such manner as to show their relative
priorities, all particular estates, mortgages,
easements, liens, attachments, and other
encumbrances, including rights of tenant-
farmers, if any, to which the land or owner's
estate is subject, as well as any other matters
properly to be determined in pursuance of this
Decree.
The decree of registration shall bind the land
and quiet title thereto, subject only to such
exceptions or liens as may be provided by law.
It shall be conclusive upon and against all
persons, including the National Government and
all branches thereof, whether mentioned by
name in the application or notice, the same
being included in the general description "To all
whom it may concern".
Section 32. Review of decree of registration;
Innocent purchaser for value. The decree of
registration shall not be reopened or revised by
reason of absence, minority, or other disability
of any person adversely affected thereby, nor by
any proceeding in any court for reversing
judgments, subject, however, to the right of any
person, including the government and the
branches thereof, deprived of land or of any
estate or interest therein by such adjudication
or confirmation of title obtained by actual fraud,
to file in the proper Court of First Instance a
petition for reopening and review of the decree
of registration not later than one year from and
after the date of the entry of such decree of
registration, but in no case shall such petition
be entertained by the court where an innocent
purchaser for value has acquired the land or an
interest therein, whose rights may be
prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase
occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or other
encumbrancer for value.
Upon the expiration of said period of one year,
the decree of registration and the certificate of
title issued shall become incontrovertible. Any
person aggrieved by such decree of registration
in any case may pursue his remedy by action for
damages against the applicant or any other
persons responsible for the fraud.
Section 33. Appeal from judgment, etc. The
judgment and orders of the court hearing the
land registration case are appealable to the
Court of Appeals or to the Supreme Court in the
same manner as in ordinary actions:
Section 34. Rules of procedure. The Rules of
Court shall, insofar as not inconsistent with the
provision of this Decree, be applicable to land
registration and cadastral cases by analogy or in
a suppletory character and whenever
practicable and convenient.
CHAPTER V
SUBSEQUENT REGISTRATION
I
VOLUNTARY DEALINGS WITH REGISTERED
LANDS
GENERAL PROVISIONS

(C) POWERS OF ATTORNEY; TRUSTS
Section 68. Implied, trusts, how
established. Whoever claims an interest in
registered land by reason of any implied or
constructive trust shall file for registration with
the Register of Deeds a sworn statement thereof
containing a description of the land, the name
of the registered owner and a reference to the
number of the certificate of title. Such claim
shall not affect the title of a purchaser for value
and in good faith before its registration
CHAPTER VII
ASSURANCE FUND
Section 93. Contribution to Assurance
Fund. Upon the entry of a certificate of title in
the name of the registered owner, and also upon
the original registration on the certificate of title
of a building or other improvements on the land
covered by said certificate, as well as upon the
entry of a certificate pursuant to any
subsequent transfer of registered land, there
shall be paid to the Register of Deeds one-fourth
of one per cent of the assessed value of the real
estate on the basis of the last assessment for
taxation purposes, as contribution to the
Assurance Fund. Where the land involved has
not yet been assessed for taxation, its value for
purposes of this decree shall be determined by
the sworn declaration of two disinterested
persons to the effect that the value fixed by
them is to their knowledge, a fair valuation.
Nothing in this section shall in any way preclude
the court from increasing the valuation of the
property should it appear during the hearing
that the value stated is too small.
Section 94. Custody and investment of
fund. All money received by the Register of
Deeds under the preceding section shall be paid
to the National Treasurer. He shall keep this
money in an Assurance Fund which may be
invested in the manner and form authorized by
law, and shall report annually to the
Commissioner of the Budget the condition and
income thereof.
The income of the Assurance Fund shall be
added to the principal until said fund amounts
to five hundred thousand pesos, in which event
the excess income from investments as well as
from the collections of such fund shall be paid
into the National Treasury to the account of the
Assurance Fund.
Section 95. Action for compensation from
funds. A person who, without negligence on his
part, sustains loss or damage, or is deprived of
land or any estate or interest therein in
consequence of the bringing of the land under
the operation of the Torrens system of arising
after original registration of land, through fraud
or in consequence of any error, omission,
mistake or misdescription in any certificate of
title or in any entry or memorandum in the
registration book, and who by the provisions of
this Decree is barred or otherwise precluded
under the provision of any law from bringing an
action for the recovery of such land or the estate
or interest therein, may bring an action in any
court of competent jurisdiction for the recovery
of damages to be paid out of the Assurance
Fund.
Section 96. Against whom action filed. If such
action is brought to recover for loss or damage
or for deprivation of land or of any estate or
interest therein arising wholly through fraud,
negligence, omission, mistake or misfeasance of
the court personnel, Register of Deeds, his
deputy, or other employees of the Registry in
the performance of their respective duties, the
action shall be brought against the Register of
Deeds of the province or city where the land is
situated and the National Treasurer as
defendants. But if such action is brought to
recover for loss or damage or for deprivation of
land or of any interest therein arising through
fraud, negligence, omission, mistake or
misfeasance of person other than court
personnel, the Register of Deeds, his deputy or
other employees of the Registry, such action
shall be brought against the Register of Deeds,
the National Treasurer and other person or
persons, as co-defendants. It shall be the duty
of the Solicitor General in person or by
representative to appear and to defend all such
suits with the aid of the fiscal of the province or
city where the land lies: Provided, however, that
nothing in this Decree shall be construed to
deprive the plaintiff of any right of action which
he may have against any person for such loss or
damage or deprivation without joining the
National Treasurer as party defendant. In every
action filed against the Assurance Fund, the
court shall consider the report of the
Commissioner of Land Registration.
Section 97. Judgment, how satisfied. If there
are defendants other than the National
Treasurer and the Register of Deeds and
judgment is entered for the plaintiff and against
the National Treasury, the Register of Deeds
and any of the other defendants, execution shall
first issue against such defendants other than
the National and the Register of Deeds. If the
execution is returned unsatisfied in whole or in
part, and the officer returning the same
certificates that the amount due cannot be
collected from the land or personal property of
such other defendants, only then shall the court,
upon proper showing, order the amount of the
execution and costs, or so much thereof as
remains unpaid, to be paid by the National
treasurer out of the Assurance Fund. In an
action under this Decree, the plaintiff cannot
recover as compensation more than the fair
market value of the land at the time he suffered
the loss, damage, or deprivation thereof.
Section 98. General Fund when liable. If at any
time the Assurance Fund is not sufficient to
satisfy such judgment, the National Treasurer
shall make up for the deficiency from any funds
available in the treasury not otherwise
appropriated.
Section 99. Subrogation of government to
plaintiff's rights. In every case where payment
has been made by the National Treasurer in
accordance with the provisions of this Decree,
the Government of the Republic of the
Philippines shall be subrogated to the rights of
the plaintiff against any other parties or
securities. The National Treasurer shall enforce
said rights and the amount recovered shall be
paid to the account of the Assurance Fund.
Section 100. Register of Deeds as party in
interest. When it appears that the Assurance
Fund may be liable for damages that may be
incurred due to the unlawful or erroneous
issuance of a certificate of title, the Register of
Deeds concerned shall be deemed a proper
party in interest who shall, upon authority of the
Commissioner of Land Registration, file the
necessary action in court to annul or amend the
title.
The court may order the Register of Deeds to
amend or cancel a certificate of title or to do any
other act as may be just and equitable.
Section 101. Losses not recoverable. The
Assurance Fund shall not be liable for any loss,
damage or deprivation caused or occasioned by
a breach of trust, whether express, implied or
constructive or by any mistake in the
resurveyed or subdivision of registered land
resulting in the expansion of area in the
certificate of title.
Section 102. Limitation of Action. Any action
for compensation against the Assurance Fund by
reason of any loss, damage or deprivation of
land or any interest therein shall be instituted
within a period of six years from the time the
right to bring such action first occurred:
Provided, That the right of action herein
provided shall survive to the legal
representative of the person sustaining loss or
damage, unless barred in his lifetime; and
Provided, further, That if at the time such right
of action first accrued the person entitled to
bring such action was a minor or insane or
imprisoned, or otherwise under legal disability,
such person or anyone claiming from, by or
under him may bring the proper action at any
time within two years after such disability has
been removed, notwithstanding the expiration
of the original period of six years first above
provided.
CIRCULAR NO. 1-91 February 27, 1991
 TO: COURT OF APPEALS, the Supreme Court as provided in Rule 45 of the
COURT OF TAX APPEALS, THE Rules of Court.
SOLICITOR GENERAL, THE
GOVERNMENT CORPORATE 4. Period of Appeal. The appeal shall be taken
COUNSEL, ALL MEMBERS OF within fifteen (15) days from notice of the
THE GOVERNMENT ruling, award, order, decision, or judgment or
PROSECUTION SERVICE, AND from the date of its last publication, if
ALL MEMBERS OF THE publication is required by law for its effectivity.
INTEGRATED BAR OF THE One (1) motion for reconsideration of said
PHILIPPINES ruling, award, order, decision, or judgment may
be allowed. If the motion is denied, the movant
SUBJECT: PRESCRIBING THE RULES may appeal during the remaining period for
GOVERNING APPEALS TO THE COURT OF appeal reckoned from notice of the resolution of
APPEALS FROM A FINAL ORDER OR DECISION denial.
OF THE COURT OF TAX APPEALS AND QUASI-
JUDICIAL AGENCIES. 5. How Appeal Taken. Appeal shall be taken
by filing a verified petition for review in six (6)
legible copies, with the Court of Appeals, a copy
1. Scope. These rules shall apply to appeals of which shall be served on the adverse party
from final orders or decision of the Court of Tax and on the court or agency a quo. Proof of
Appeals. They shall also apply from final orders service of the petition on the adverse party and
or decisions on any quasi-judicial agency from on the court or agency a quo shall be attached
which an appeal is now allowed by statute to the to the petition.
Court of Appeals or the Supreme Court. Among
these agencies are the Securities and Exchange
6. Contents of the Petition. The petition for
Commission, Land Registration Authority, Social
review shall contain a concise statement of the
Security Commission, Civil Aeronautics Board,
facts and issues involved and the grounds relied
Bureau of Patents, Trademarks and Technology
upon for the review, and shall be accompanied
Transfer, National Electrification Administration,
by a duplicate original or a certified true copy of
Energy Regulatory Board, National
the ruling, award, order, decision or judgment
Telecommunications Commission, Secretary of
appealed from, together with certified true
Agrarian Reforms and Special Agrarian Courts
copies of such material portions of the record as
under RA 6657, Government Service Insurance
are referred to therein and other supporting
System, Employees Compensation Commission,
papers. The petition shall state the specific
Agricultural Inventions Board, Insurance
material dates showing that it was filed within
Commission and Philippine Atomic Energy
the period fixed herein.
Commission.

7. Docketing and other fees; exemption

2. Case not covered. These rules shall not
therefrom. Upon filing the petition for review,
apply to decisions and interlocutory orders of
the petitioner shall pay to the clerk of the Court
the National Labor Relations Commission or the
of Appeals the docketing and other prescribed
Secretary of Labor and Employment under the
fees. In case the appellant is a laborer, or
Labor Code of the Philippines, the Central Board
employee, agricultural lessee or tenant, he may
of Assessment Appeals, and other quasi-judicial
file a verified motion setting forth said fact and
agencies from which no appeal to the courts is
praying that he be exempted from payment of
prescribed or allowed by statute.
docketing and other legal fees and the deposit
for costs. If the court denies the motion, the
3. Who may appeal and where to appeal. The appellant shall pay the docketing and other legal
appeal of a party affected by a final order, fees within fifteen (15) days from notice of the
decision, or judgment of the Court of Tax denial, otherwise the appeal shall be dismissed.
Appeals or of a quasi-judicial agency shall be
taken to the Court of Appeals within the period
8. When petition given due course. The Court
in the manner herein provided, whether the
of Appeals shall give due course to the petition
appeal involved questions of fact or of law or
only when it shows prima facie that the court,
mixed questions of fact and law. From final
commission, board, office or agency concerned
judgments or decisions of the Court of Appeals,
has committed errors of fact or law that would
the aggrieved party may appeal by certiorari to
warrant reversal or modification of the order,
ruling or decision sought to be reviewed. The
findings of fact of the court, commission, board,
office, or agency concerned when supported by
substantial evidence shall be final.
9. Deposit for Costs. If the petition is given
due course, the petitioner shall deposit with the
Court of Appeals the sum of four hundred pesos
(P400.00) for costs within three (3) days from
notice by the clerk of court, unless a different
period is fixed by the court. Upon failure of
petitioner to make the deposit within the said
period, the petition shall be dismissed.
10. Answer of respondent. Within ten (10)
days from notice that the petition has been
given due course, the respondent may fine an
answer to the petition. The answer shall be filed
in six (6) legible copies and accompanied by
certified true copies of such material portions of
the record referred to therein together with
other supporting papers. The answer shall (a)
point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and
(b) state the reasons why the petition should be
denied or dismissed. Copy thereof shall be
served on the petitioner. If no answer is filed,
the Court of Appeals shall render judgment on
the basis of the petition.
11. Transmittal of record. Within fifteen (15)
days from notice that the petition has been
given due course, the court, commission, board,
office or agency concerned shall transmit to the
Court of Appeals the original or a certified copy
of the entire record of the proceeding under
review. The record to be transmitted may be
abridged by agreement of all parties to the
proceeding. The Court of Appeals may require
or permit subsequent correction or addition to
the record.
12. Effect of Appeal. The appeal shall not stay
the order, ruling or decision sought to be
reviewed unless the Court of Appeals shall direct
otherwise upon such terms as it may deem just.
13. Submission for decision. The case shall be
deemed submitted for decision upon the filing of
the answer or expiration of the period to do so,
unless the Court of Appeals sets the case for oral
argument, or requires the parties to submit
memoranda.
14. Rules 43 and 44 of the Rules of Court are
hereby repealed and superseded by this
Circular.
15. This Circular shall take effect fifteen (15)
days after its publication in a newspaper of
general circulation.
Sec. 39 Batas PambansaBlg. 129
BATAS PAMBANSA Blg. 129
AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES
GENERAL PROVISIONS
Section 39. Appeals. The period for appeal
from final orders, resolutions, awards,
judgments, or decisions of any court in all cases
shall be fifteen (15) days counted from the
notice of the final order, resolution, award,
judgment, or decision appealed from: Provided
however, That in habeas corpus cases, the
period for appeal shall be forty-eight (48) hours
from the notice of the judgment appealed from.
No record on appeal shall be required to take an
appeal. In lieu thereof, the entire record shall be
transmitted with all the pages prominently
numbered consecutively, together with an index
of the contents thereof.
This section shall not apply in appeals in special
proceedings and in other cases wherein multiple
appeals are allowed under applicable provisions
of the Rules of Court.
Interim or Transitional Rules and
Guidelines Relative to the
Implementation of the Judiciary
Reorganization Act of 1981
SUPREME COURT CIRCULARS AND ORDERS
TO: ALL JUDGES OF THE REGIONAL TRIAL
COURTS, COURT OF TAX APPEALS,
METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS, AND
MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: SESSION HOURS OF COURTS
19. Period of Appeal.
(a) All appeals, except in habeas corpus cases
and in the cases referred to in paragraph (b)
hereof, must be taken within fifteen (15) days
from notice of judgment, order, resolution or
award appealed from.
(b) In appeals in special proceedings in
accordance with Rule 109 of the Rules of
Court and other cases wherein multiple
appeals are allowed, the period of appeal
shall be thirty (30) days, a record of appeal
being required
2. Rules 37 and 38, 1997 Rules of Civil
Procedure
RULE 37
New Trial or Reconsiderations
Section 1.Grounds of and period for filing
motion for new trial or reconsideration.
Within the period for taking an appeal, the
aggrieved party may move the trial court to set
aside the judgment or final order and grant a
new trial for one or more of the following causes
materially affecting the substantial rights of said
party:
(a) Fraud, accident, mistake or
excusable negligence which ordinary
prudence could not have guarded
against and by reason of which such
aggrieved party has probably been
impaired in his rights; or
(b) Newly discovered evidence, which
he could not, with reasonable diligence,
have discovered and produced at the
trial, and which if presented would
probably alter the result.
Within the same period, the aggrieved party
may also move for reconsideration upon the
grounds that the damages awarded are
excessive, that the evidence is insufficient to
justify the decision or final order, or that the
decision or final order is contrary to law. (1a)
Section 2.Contents of motion for new trial or
reconsideration and notice thereof. The
motion shall be made in writing stating the
ground or grounds therefor, a written notice of
which shall be served by the movant on the
adverse party.
A motion for new trial shall be proved in the
manner provided for proof of motion. A motion
for the cause mentioned in paragraph (a) of the
preceding section shall be supported by
affidavits of merits which may be rebutted by
affidavits. A motion for the cause mentioned in
paragraph (b) shall be supported by affidavits of
the witnesses by whom such evidence is
expected to be given, or by duly authenticated
documents which are proposed to be introduced
in evidence.
A motion for reconsideration shall point out a
specifically the findings or conclusions of the
judgment or final order which are not supported
by the evidence or which are contrary to law
making express reference to the testimonial or
documentary evidence or to the provisions of
law alleged to be contrary to such findings or
conclusions.
A pro forma motion for new trial or
reconsideration shall not toll the
reglementary period of appeal. (2a)
Section 3.Action upon motion for new trial
or reconsideration. The trial court may
set aside the judgment or final order and
grant a new trial, upon such terms as may
be just, or may deny the motion. If the court
finds that excessive damages have been
awarded or that the judgment or final order
is contrary to the evidence or law, it may
amend such judgment or final order
accordingly. (3a)
Section 4.Resolution of motion. A motion
for new trial or reconsideration shall be
resolved within thirty (30) days from the
time it is submitted for resolution. (n)
Section 5.Second motion for new trial. A
motion for new trial shall include all grounds
then available and those not so included shall be
deemed waived. A second motion for new trial,
based on a ground not existing nor available
when the first motion was made, may be filed
within the time herein provided excluding the
time during which the first motion had been
pending.
No party shall be allowed a second motion
for reconsideration of a judgment or final
order (4a, 4, IRG)
Section 6.Effect of granting of motion for
new trial. If a new trial is granted in
accordance with the provisions of this Rules
the original judgment or final order shall be
vacated, and the action shall stand for
trial de novo; but the recorded evidence
taken upon the former trial, insofar as the
same is material and competent to establish
the issues, shall be used at the new trial
without retaking the same. (5a)
Section 7.Partial new trial or
reconsideration. If the grounds for a
motion under this Rule appear to the court
to affect the issues as to only a part, or less
than an of the matter in controversy, or only
one, or less than all, of the parties to it, the
court may order a new trial or grant
reconsideration as to such issues if
severable without interfering with the
judgment or final order upon the rest. (6a)
Section 8.Effect of order for partial new
trial. When less than all of the issues are
ordered retried, the court may either enter
a judgment or final order as to the rest, or
stay the enforcement of such judgment or
final order until after the new trial. (7a)
Section 9.Remedy against order denying a
motion for new trial or reconsideration.
An order denying a motion for new trial or
reconsideration is not appealed, the remedy
being an appeal from the judgment or final
order.
Section 1.Petition for relief from
judgment, order, or other proceedings.
When a judgment or final order is entered,
or any other proceeding is thereafter taken
against a party in any court through fraud,
accident, mistake, or excusable negligence,
he may file a petition in such court and in
the same case praying that the judgment,
order or proceeding be set aside. (2a)
Section 2.Petition for relief from denial of
appeal. When a judgment or final order is
rendered by any court in a case, and a party
thereto, by fraud, accident, mistake, or
excusable negligence, has been prevented
from taking an appeal, he may file a petition
in such court and in the same case praying
that the appeal be given due course. (1a)
Section 3.Time for filing petition; contents
and verification. A petition provided for in
either of the preceding sections of this Rule
must be verified, filed within sixty (60) days
after the petitioner learns of the judgment,
final order, or other proceeding to be set
aside, and not more than six (6) months
after such judgment or final order was
entered, or such proceeding was taken, and
must be accompanied with affidavits
showing the fraud, accident, mistake, or
excusable negligence relied upon, and the
facts constituting the petitioner's good and
substantial cause of action or defense, as
the case may be. (3)
Section 4.Order to file an answer. If the
petition is sufficient in form and substance
to justify relief, the court in which it is filed,
shall issue an order requiring the adverse
parties to answer the same within fifteen
(15) days from the receipt thereof. The
order shall be served in such manner as the
court may direct, together with copies of the
petition and the accompanying affidavits.
(4a)
Section 5.Preliminary injunction pending
proceedings. The court in which the
petition is filed may grant such preliminary
injunction as may be necessary for the
preservation of the rights of the parties,
upon the filing by the petitioner of a bond in
favor of the adverse party, conditioned that
if the petition is dismissed or the petitioner
fails on the trial of the case upon its merits,
he will pay the adverse party all damages
and costs that may be awarded to him by
reason of the issuance of such injunction or
the other proceedings following the petition,
but such injunction shall not operate to
discharge or extinguish any lien which the
adverse party may have acquired upon, the
property, of the petitioner. (5a)
Section 6.Proceedings after answer is filed.
After the filing of the answer or the expiration of
the period therefor, the court shall hear the
petition and if after such hearing, it finds that
the allegations thereof are not true, the petition
shall be dismissed; but if it finds said allegations
to be true, it shall set aside the judgment or final
order or other proceeding complained of upon
such terms as may be just. Thereafter the case
shall stand as if such judgment, final order or
other proceeding had never been rendered,
issued or taken. The court shall then proceed to
hear and determine the case as if a timely
motion for a new trial or reconsideration had
been granted by it. (6a)

Section 7.Procedure where the denial of an

appeal is set aside. Where the denial of an
appeal is set aside, the lower court shall be
required to give due course to the appeal and to
elevate the record of the appealed case as if a
timely and proper appeal had been made.

Arts. 1441, 1444 and 1445 of NCC

Title V. - TRUSTS (n)

CHAPTER 1
GENERAL PROVISIONS
Art. 1441. Trusts are either express or
implied. Express trusts are created by the
intention of the trustor or of the parties.
Implied trusts come into being by operation
of law.

CHAPTER 2
EXPRESS TRUSTS
Art. 1444. No particular words are required
for the creation of an express trust, it being
sufficient that a trust is clearly intended.

Art. 1445. No trust shall fail because the

trustee appointed declines the designation,
unless the contrary should appear in the
instrument constituting the trust.

RUBLICO vs. ORELLANA, 30 SCRA 511, GR

L 26582, (1969)

FRIAS vs. ESQUIVEL, 5 SCRA 770, GR L

17366 (1962)