This case has been cited 1 times or more.
|
2004-06-30 |
PANGANIBAN, J. |
||||
| Actual fraud proceeds from an intentional deception perpetrated through the misrepresentation or the concealment of a material fact.[27] The fraud is extrinsic if it is employed to deprive parties of their day in court and thus prevent them from asserting their right to the property registered in the name of the applicant. The fraud is intrinsic if that which is alleged in the petition to set aside the decree is the fraud involved in the same proceedings in which the parties seeking relief have had ample opportunity to assert their right, to attack the document presented by the applicant for registration, and to cross-examine the witnesses who have testified thereon.[28] Inquiry into this latter kind of fraud is barred after the judgment of the land registration court has become final. | |||||