Define or explain :

1. Notice of lis pendes

2. Reconstitution of original certificate of title
3. Adverse claim
4. Attachment
5. Actual fraud
6. Innocent Purchaser for value
7. Proceeding in rem
8. Constructive trust
ESSAY:
1. O,an overseas worker, delivered his owners duplicate certificate of title to K for safekeeping. K
caused a special power of attorney to be executed in his favour by forging the signature of O in
the SPA. Using the power to sell under the SPA, K sold the property to X. Presenting the SPA, the
Deed of Absolute Sale together with the owners duplicate certificate of title for registration with
corresponding Registry of Deeds, transfer certificate of title was issued in the name of X. Relying
on the certificate of title issued in the name of X, Y purchased the property from X. After
registering the deed of conveyance accompanied by the owners duplicate certificate of title
issued to X, the Register of Deeds issued a new certificate of title in the name of Y. O discovered
the fraud and he filed an action against Y to recover ownership of the property. Decide
2. B through fraudulent machinations, obtained sums of money from J, and M. As a consequence
suits were filed by L and M against B. L applied for the issuance of a writ of attachment against
B. On February 8, 2002, the attachment lien was annotated on the certificate of title over a
parcel of land owned by B. On June 20, 2003, M obtained a writ of execution based on the final
and executor judgement rendered against B and the same property, attached by L was levied on
execution by the Sheriff. On August 20, 2003, in the execution sale held by the Sheriff to enforce
the judgement rendered in favour of M, the latter was adjudged the highest bidder. When the
Sheriffs Certificate of Sale was presented for registration, the Register of Deeds to cancel the
attachment lien annotated on the certificate of title. Was the Register of Deeds correct? Explain
fully.
3. Enumerate the requirements for filing an action for compensation against the Assurance Fund
4. On January 22, 2002, S obtained 3M pesos loan from L. On March 21, 2002, S sold his land to B
for 3M but the former did not deliver the owners duplicate certificate of title to B. After the
loan became due , L filed suit against S for collection of a sum of money. On the other hand, B,
who could not register the sale, filed a suit against S for specific performance. Because of the
pending suits against S, L and B filed with the Register of Deeds separate petitions for the
annotation of notice of lis pendens on the same certificate of title issued to S. Both notices of lis
pendedns were duly annotated on the said certificate of title issued. Separate motions were
filed by S for the cancellation of the notice of lis pendens annotated on his certificate of title.
Resolve the two motions of S with reasons.
5. Showing a deed of sale covering the real property owned by O, F filed an affidavit of loss with
the Register of deeds. Thereafter, F filed a petition for the issuance of a new owners duplicate
certificate of tile with the court alleging that Os duplicate certificate of title was destroyed by
fire. The said court granted the petition and a new owners duplicate certificate of title was
issued in lieu of the most one. All along the owners duplicate certitficate of title is in the
possession of O. Based on a forged deed of sale allegedly executed by O in his favour and using
the replacement owners duplicate certificate of title, F obtained a certificate of title in his
name. B purchased the property from F and a new transfer certificate of title was issued in the
name of B. In the action filed by O, B claims that as an innocent purchaser for value he has a
better right to the property. Decide the case.