This case has been cited 1 times or more.
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2012-07-18 |
SERENO, J. |
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| In any case, we note that petitioner is not left without any remedy in case respondent succeeds in getting a decree of registration. Under Section 32 of Presidential Decree No. 1529, or the Property Registration Decree, there is a remedy available to any person deprived of land or of any estate or interest therein - through an adjudication or a confirmation of title obtained by actual fraud. The person may file, in the proper court, a petition for reopening and reviewing the decree of registration within one year from the date of entry thereof. This Court has ruled that actual fraud is committed by a registration applicant's failure or intentional omission to disclose the fact of actual physical possession of the premises by the party seeking a review of the decree. It is fraud to knowingly omit or conceal a fact from which benefit is obtained, to the prejudice of a third person.[26] Thus, if he is so minded, petitioner can still file for a petition to review the decree of registration. | |||||