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Philippine Bar review · Question

Practice question: Review of Decree of Registration

Multiple Choice Hard

Practice question

A claimant expressly files a petition to reopen an original decree under Section 32 fourteen months after its entry, relying only on actual fraud in obtaining that decree. No challenge to the court's jurisdiction is involved. The claimant says later discovery of the fraud automatically restarts Section 32's period. Which answer correctly addresses this particular remedy?
  1. The petition is timely whenever fraud is discovered.
  2. The direct Section 32 petition is outside its one-year period measured from entry; distinct remedies require their own legal analysis.
  3. The decree's entry is irrelevant to Section 32.
  4. All independent actions concerning the property are necessarily barred forever.
  5. A new tax declaration automatically reopens the decree.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD 1529, Section 32.

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