REGISTRATION
A. Appeal
An appeal may be taken from a judgment
or final order that completely disposes of the
case, or of a particular matter therein when
declared by the Rules of Court to be appealable.
Appeal may be by ordinary appeal, petition for
review under Rule 42 of the Revised Rules of
Court, or appeal by certiorari under Rule 45 of the
Revised Rules of Court.
An ordinary appeal is an appeal to the
Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its original
jurisdiction. It shall be taken by filing a notice of
appeal with the court which rendered the
judgment or final order appealed from and serving
a copy thereof upon the adverse party. The
appeal shall be taken within 15 days from notice
of the judgment or final order appealed from.
Where a record on appeal is required, the
appellants shall file a notice of appeal and a
record on appeal within 30 days from notice of the
judgment or final order.
A petition for review is appeal to the Court
of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction. A
petition for review shall be in accordance with
Rule 42 of the Revised Rules of Court.
An appeal by certiorari is available in all
cases where only questions of law are raised or
involved. The appeal shall be to the Supreme
Court in accordance with Rule 45 of the Revised
Rules of Court. The appeal shall be taken within
15 days from notice of the judgment or final order
or resolution appealed from, or of the denial of
petitioners motion for new trial or reconsideration
duly filed in due time after notice of the judgment.
On motion duly filed and served, with full payment
of the docket and other lawful fees and the
deposit for costs before the expiration of the
reglementary period, the Supreme Court may for
justifiable reasons grant an extension of 30 days
only within which to file the petition.
a. Reglementary period
Grounds
defined;
Compensation
from
the
Procedure
While CA No. 141 did not specify whether judicial
confirmation of titles by a land registration court
can be subject of a reversion suit, the government
availed of such remedy by filing actions with the
Regional Trial Court (RTC) to cancel titles and
decrees granted in land registration applications,
but the situation changed on 14 August 1981
upon the effectivity of Batas Pambansa Blg. 129
which gave the Intermediate Appellate Court the
exclusive original jurisdiction over actions for
annulment of judgments of Regional Trial Courts.
When the 1997 Rules on Civil Procedure became
effective on 1 July 1997, it incorporated Rule 47
on annulment of judgments or final orders and
resolutions of the Regional Trial Courts. Effective
1 July 1997, any action for reversion of public
land instituted by the Government was already
covered by Rule 47 and the same should be filed
with the Court of Appeals, not the Regional Trial
Court.
Reversion suits were originally utilized to annul
titles/patents administratively issued by the
Director of the Lands Management Bureau or the
Secretary of the DENR.
J.CANCELLATION SUITS
K.ANNULMENT OF JUDGEMENT
(RULE 74, RULES OF COURT)
WHEN BROUGHT:
Sec. 1 This Rule shall govern the annulment
by the Court of Appeals of judgments or final
orders and resolutions in civil actions of
Regional Trial Courts for which the ordinary
remedies of new trial, appeal, petition for relief
or other appropriate remedies are no longer
available through no fault of the petitioner.
M.CRIMINAL ACTION:
Art. 312. Occupation of real property or
usurpation of real rights in property. Any
person who, by means of violence against or
intimidation of persons, shall take possession of
any real property or shall usurp any real rights in
property belonging to another, in addition to the
penalty incurred for the acts of violence executed