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However, the court declared the lot as public land. Can AB subsequentl file an application for !udicial confirmation of title for the same land" #1$%& '. In a registration case, the ()* requested the +rovincial +rosecutor to represent it during the trial. ,he court granted the application for registration. -a. (n what grounds ma the government file a motion for reconsideration" #/%& -b. 0ithin what period ma the government file the motion" #1%& 1. AB is an applicant for registration. As present possessor, C2 files his opposition. ,he court renders !udgment in favor of AB, which becomes final. -a. 0hat is the remed of AB in case C2 refuses to vacate" -3%& -b. In case C2 refuses to compl with the order to vacate, can he be cited for contempt" #3%. 4. -a. 0hat are the contents of a decree of registration" #3%& -b. 0hat are the essential requisites for the review of a decree" #3%& 3. 56plain. 7egistration does not vest title #1$%& 8. AB is the registered owner of land. In 1991, he migrated to the :) and obtained a green card. 0hen he came bac; to the +hilippines in '$$1, he found C2 occup ing the land with his house thereon, claiming ownership thereof on the basis of possession. -a. As counsel to AB what action will ou ta;e against C2" #3%& -b. As counsel for C2, how would ou respond to the action of AB" #3%& /. AB filed a complaint to nullif C2<s title alleging that the same was obtained through =raud. C2<s defense is that he acquired his title in regular registration proceedings. He also set up a counterclaim pra ing that All<s title should instead be canceled since he is an absentee applicant. AB answered bac; that C2<s counterclaim amounts to a collateral attac; on his title and should be dismissed. 2ecide #1$%.
>. 0hat is the rule in case of double sale of immovable propert " #1$%& 9. -a. 0hat is the polic behind the prohibition against the sale of public lands acquired under the homestead and free patent provisions of the +ublic Land Act" #'%& -b. AB was issued a flee patent in 1993? He sold one@half of the land to C2 with the understanding that the salt shall not be effective until after 1$ ears. Is the sale valid" #4%& lf our answer is no, what are the sanctions if an " #4%& 1$. -a. 0hat is an innocent purchaser for value" #1%& -b. Illustrate the principle that a forged deed ma he the root of a valid title #/%& *((2 L:CAB From the Library of Ordo Luminis Legis, UST Law. 1. -a. ,he registration court ad!udicates the land applied for to +edro. ,he decision having become final, +edro applies for a writ of possession. Against whom ma the writ be issued" -4%. -b. A writ of possession is served b the sheriff upon Cose, the occupant, but the latter refuses to vacate. Is Cose liable for contempt for non@compliance with the writ" -1%. -c. ,en ears after the finalit of the !udgment, +edro applies for a writ of possession. Cose against whom the writ is served sa s the writ is not enforceable since it is alread barred b prescription. Is Cose correct" -1%. '. -a. Da land alread covered b a homestead patent be the sub!ect of subsequent cadastral proceedings" -4%. -b. (n August 3, '$$', +edro obtained a homestead patent for land covering 1$$$ square meters. +edro sold 1E' of the land to Cose under a deed of absolute sale dated August 3, '$$1 but it was stipulated that the sale shall not ta;e effect until August 8, '$$/. Is the sale valid" -1%. -c. If onl a portion of the homestead is sold within the prohibitor period, can the government file an action for the reversion of the whole lot to the )tate" -1%. 1. -a. 0hat is the evidentiar value of a certificate of title" -3%. -b. ,he registration court issues an order for the issuance of a decree in favor of +edro. ,he L7A refuses to issue the decree since, upon verification the land had alread been titled in the name of
Cose. Can +edro compel the L7A to issue the decree in his name on the ground that the dut of the L7A is ministerial" -3%. 4. -a. +edro lost his title and other papers when he was held :+ in a bus. Deantime, +edro went to the :) and spent sometime with his famil there. 0hen he returned to the countr he found out that his land was alread occupied b Cose with his house and other improvements thereon. +edro wants to e!ect Cose but he no longer has his title as proof of ownership. +edro see;s our advice. 0hat will ou tell him" -3%. -b. In the event a court action is filed b +edro against Cose, can Cose set up the defense that he has alread acquired ownership of the land through acquisitive prescription" -3%. 3. -a. +edro files an action for e!ectment against Cose and attaches to his complaint a cop of his title as proof of ownership. Cose<s defense is that +edro<s title was obtained through fraud and hence +edro has no cause of action against him. Is Cose<s defense valid" -3%. -b. In the same case, Cose also alleges, as additional defense, that +edro cannot sue without being !oined b his wife because the propert , according to him, is Fcon!ugalG as shown b the fact that the title is in the name of +edro, married to Daria.G Is Cose correct" -3%. 8. -a. 0hat are the requisites for the review of a decree" -3%. -b. Cite five -3. specific instances of e6trinsic fraud as a ground for the review of a decree -3%. /. -a. +edro is in actual possession of land and has for a long time been e6ercising acts of ownership thereon. He discovers later that the land was alread titled in the name of Cose in 199$. +edro files an action for reconve ance alleging that Cose<s title was obtained through fraud. Cose retorts that +edro<s action is alread barred b prescription and should be dismissed outright. Is Cose correct" -3%. -b. +edro files an action for reconve ance against Cose. Cose alleges that reconve ance is no longer proper since he -Cose. had alread sold the land to Cuan who, in turn, had sold it to Dario. 0hat is the remed of +edro if an " -3%. >. -a. In what instances ma a contract con pacto de retro be presumed to be an equitable mortgage" -3%. -b. 0here the mortgagor defaults in the pa ment of his obligation, what are the options open to the mortgagee" -'%. -c. 0hat shall the purchaser at a foreclosure sale do so that he ma be placed in possession of the propert mortgaged -1%.
9. -a. +edro sells land to Cose who obtained a transfer Certificate of title for the land. In an action filed b Cuan, as the true owner, Cose<s title is cancelled since +edro, the vendor, is proven to be a mere impostor. Can Cose claim damages against the Assurance =und" -3%. -b. 56plain and illustrate the principle that Fa forged deed ma be the root of a valid title.G -3%. 1$. -a. 0hat is the purpose of an adverse claim" -'%. -b. 0hen ma a claim or interest be registered as an adverse claim" -1%. -c. 0hat is the purpose of a notice of lis pendens" -'%. -d. In what cased is the notice of lis pendens proper" -1%.