Professional Documents
Culture Documents
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Supreme Court plans
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consulta
Advantages of the Torrens system
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Registration does not validate an otherwise
Registration not a mode of acquiring
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invalid instrument
ownership
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Jurisdiction
RTCs have plenary jurisdiction over
Registration Decree
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The lot sought to be registered is not the and D lands under a bona fide claim of
subject of controversy or opposition; or ownership since June 12, 1945 or earlier.
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Even if contested, the value does not Land need be classified at the time the
exceed P100,000. application for registration is filed.
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Who may apply under PD 1529? Who may apply under PD 1529?
Under Sec/ 14(2) those who have acquired
ownership of private lands by prescription Under Sec. 14(4) those who have
under existing laws acquired ownership of land in any other
Prescritpion applies only where land is already manner provided by law
patrimonial or private in character, i.e.,where
the land has been declared by the government International Hardwood v. University of the
as Philippines
Already A and D, and Republic, rep by Mindanao Medical Center v.
Is no longer needed for public use or public service Court of Appeals
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laws
Vested rights may not be impaired by
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Art. 461, CC land belongs to owners subsequent law
whose lands are occupied by the new course
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(b) Torrens title under PD 1529 or CA Government may appeal despite failure to
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141 file opposition
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Filipino citizens
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property of the State Art. XII
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Aliens, but only by hereditary succession
Under Sec. 14(3)
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Rule as to abandoned river beds A natural-born Filipino citizen who has lost
his citizenship under the terms of Sec. 8,
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Rule as to accretion
Art. XII
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offices, and (c) posting on the land and A Filipino vendor may recover sold to an
bulleting board
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alien
New publication necessary to include
additional area
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case of conflict, payment of taxes
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Non-Registrable Properties
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Forest lands (classification descriptive of its legal Only processes received by OSG binding
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Watersheds and mangrove swamps (classified as cases (Vencilao v. Vano)
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forest lands Director v. Villareal)
Separate proceeding to enforce judgment
Mineral lands (ownership of land does not extend
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to minerals underneath - Rep. v. Dela Rosa) unnecessary (Topacio v. Banco Filipino)
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Parks and plazas
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Non-Registrable Properties
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Reclaimed lands and submerged areas (Chavez v. Writ of demolition included in the writ of
PEA)
possession by special order of the court
River banks, lakes and creeks (Republic v. Reyes;
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Title becomes indefeasible one year after
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entry of decree
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imprescriptible
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interest in land (b) petition based on
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actual or extrinsic fraud (c) filed within Action to quiet title where plaintiff is in
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one year (d) property has not yet passed possession imprescriptible
to innocent purchaser for value
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But laches may bar recovery
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certificate of title
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Action for Reversion seeks to restore Recovery from the Assurance Fund a
public land fraudulently awarded and person who sustains loss or damage, or is
disposed of to private individuals or deprived of any land or interest therein by
corporations to the mass of the public the operation of the Torrens system after
domain (Yujuico v. Republic, citing original registration, without negligence
Agcaoili) on his part, is entitled to recover damages
Grounds: all cases where lands of the from the Assurance Fund
public domain are held in violation of the Action must be brought within 6 years
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Constitution from the time right of action accrues
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Annulment of judgments is an
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authority to investigate fraudulent
Grounds: (a) extrinsic fraud, filed within
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disposition of public lands
4 years from discovery, and (b) lack of
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estoppel; exception
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initiated by private party usually in a case Purpose to settle and adjudicate title to
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where two titles are issued for the same unregistered lands
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Land does not revert to the State but is to compel claimants in a municipality to
declared as lawfully belonging to the party litigate respective claims of ownership
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whose title is superior over the other Decision declaring land as public land not
a bar to a subsequent action for
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action to test its validity
Illusgtrative cases
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property under agrarian reform and
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registered owner but also his heirs; hence, person has a right or interest in it, and
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right to recover possession is also pays a full and fair price at the time of the
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imprescriptible purchase
Purchaser of registered land is not
But registered owner may be barred from
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recovering possession through laches required to explore further than what the
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transferee acquire right or title to the land and can only be questioned on appeal
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right
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the vendee had a right to rely on what there is a controversy over the ownership
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appeared on the certificate of the land
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pending suit
Mortgagor must be the owner of the
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Public land patents when duly registered are buyer against owner or developer
veritable Torrens titles, entitled to all the Appeal is taken to the OP, thence to the CA on a
safeguards relative thereto petition for review
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Illustrative cases
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Foreigners are allowed to purchase
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Prohibited Alienations
Sec. 118 of CA 141 proscribe the alienation or condominium units
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encumbrance of land acquired under a free patent or Any mortgage of the unit or lot requires
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After 5 years but before 25 years from the issuance of Failure to develop a subdivision may justify
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the patent, a homestead may be disposed of non-payment of amortizations by lot buyer
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subject to the approval of the DENR Secretary; but Buyer may not be ousted for non-payment
land covered by a free patent may be disposed of after
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5 years
due to failure of subdivision owner to put
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up required improvements
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Protective Decree (PD 957) Deliver title to buyer upon full payment of lot
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opportunities for improving their quality of life Secure a right of way to a public road
Real estate and condominium businesses must Initiate the organization of a homeowners
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be closely supervised and regulated, and association among buyers and residents
penalties imposed on fraudulent practices and Provide adequate roads, alleys and sidewalks
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Ba 55 58
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recognize a valid and subsisting interest in subject of any adverse claim (b) Where the
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land (c) to bar innocent third parties from assessed value of the land does not exceed
claiming an interest in the land (d) to
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furnish a shield for fraud. applicant or corresponding tax declaration (c)
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Where the land is not contested, or even if
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56 59
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disposable lands of the public domain cases? (a) Where the application is not the
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belong to the State (b) all lands not clearly subject of any adverse claim (b) Where the
assessed value of the land does not exceed
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covered by Spanish titles presumptively Where the land is not contested, or even if
belong to the State (d) the King is
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Opposition to an application for registration of PD No. 892, dated February 16, 1976, has
the title must be based on the right of dominion outlawed Spanish titles as evidence of
or some other real right opposed to the ownership in registration cases. However, (a)
adjudication of the ownership of the applicant. such a title may still be presented in evidence
The following may properly interpose an if accompanied by a survey plan executed
opposition: (a) a homesteader who has not yet
prior to February 16, 1976 (b) such a title may
still be presented if it is in the nature of a
been issued his title but has fulfilled all the
possessory information title (informacion
conditions required by law for the issuance of
possessoria) (c) such a title is absolutely
patent (b) a foreshore lease applicant (c) a sales
barred without ifs or buts (d) such a title may
applicant pending issuance of the order of award
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still be presented in evidence if accompanied
(d) the holder of timber license agreement duly by its English translation.
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approved by the DENR.
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Prevailing jurisprudence states that Section
14(1) of PD No. 1529 merely requires that the
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adjudication of the ownership of the applicant. that (a) it is only when the land is classified as A
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The following may properly interpose an and D that the State is deemed to have abdicated
its exclusive prerogative over the land (b) it is
opposition: (a) a homesteader who has not yet
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been issued his title but has fulfilled all the testify as to the status and condition of the land
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conditions required by law for the issuance of on or before June 12, 1945 (c) prior to the
classification of the land as A and D, the land
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approved by the DENR. D as of June 12, 1945 are merely obiter dicta.
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PD No. 892, dated February 16, 1976, has PD No. 1529 merely requires that the land sought to
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ownership in registration cases. However, (a) the time the application for registration is filed.
such a title may still be presented in evidence The basis for the rule is that (a) it is only when the
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prior to February 16, 1976 (b) such a title over the land (b) it is hardly possible to look for
may still be presented if it is in the nature of witnesses who could testify as to the status and
a possessory information title (informacion condition of the land on or before June 12, 1945 (c)
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possessoria) (c) such a title is absolutely prior to the classification of the land as A and D, the
land still remains part of the forest zone, hence,
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barred without ifs or buts (d) such a title inalienable (d) previous rulings of the Supreme
may still be presented in evidence if Court requiring that the land be declared A and D as
accompanied by its English translation. of June 12, 1945 are merely obiter dicta.
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unless enjoined by the LRA.
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Registration under the Torrens system is a
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The function of the Register of Deeds to proceeding in rem. This means that (a) all
register instruments affecting registered land interested persons are notified of the proceedings
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is ministerial. Accordingly, (a) his duty is and have a right to appear in opposition to the
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compellable by mandamus (b) he has no application for registration (b) the proceeding is
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discretion to determine the intrinsic validity against all known occupants and adjoining owners
of the instrument provided that it is in due of the land (c) the proceeding aims generally to
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form (c) his duty is to register the instrument bar some individual claim or objection so that
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without prejudice to a determination of its certain persons who claim an interest in the land
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validity before the proper forum afterwards are entitled to be heard (d) the proceeding shall be
(d) his duty is to register the instrument based on the generally accepted principles
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unless enjoined by the LRA. underlying the Torrens system.
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Registration is not a mode of acquiring proceeding in rem. This means that (a) all
interested persons are notified of the proceedings
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encumbrances in the land (d) to assure the certain persons who claim an interest in the land
claimant a better title than what he actually
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withdrawing from a reservation a specific area
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and declaring the same open for entry, sale or
other mode of disposition.
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Only alienable and disposable (A and D) lands of
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the public domain may be the subject of Submerged lands when already reclaimed from
alienation. What acts may be considered sufficient the sea (a) are deemed alienable and
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to show the prior classification of the land as A disposable lands (b) become alienable and
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of the petition for cadastral proceedings (b) The government (c) become alienable and
titling under the Torrens system of properties
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around the land subject of registration (c) The courts to that effect (d) become alienable and
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report and recommendation of the District
Forester for the release of the property from the disposable when no longer needed for the
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unclassified region (d) An executive proclamation easement of flotage or coast guard service.
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withdrawing from a reservation a specific area
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Submerged lands when already reclaimed system is the absolute certainty of the identity of a
from the sea (a) are deemed alienable and
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disposable lands upon a positive act of the jurisprudence, (a) the submission of the tracing
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government (c) become alienable and cloth plan is mandatory (b) the survey plan and
disposable lands upon a declaration by the technical description must be approved by the
LRA. (c) the submission of a certified copy of the
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(d) the submission of a certified copy of the
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blueprint or whiteprint plan will suffice if the area
does not exceed the Constitutional limit.
79 82
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particular person (b) When it is no longer anyway (c) Pedro is right because it is not fair
subject to question in any proceeding (c)
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When the property was already released from additional expenses for publication (d) Pedro is
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the forest zone at the start of possession in wrong because publication in the newspaper is
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the concept of owner (d) When it is fixed by part of procedural due process.
a legislative enactment or municipal
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ordinance.
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When is a right to property deemed vested? The notice of initial hearing must be
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(a) When the right to its enjoyment, present published both in the Official Gazette (OG)
or prospective, has become the property of a and in a newspaper of general circulation;
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particular person (b) When it is no longer however, the law provides that publication
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(a) He is correct because the law in express Section 23 of PD No. 1520 provides: The court
and unequivocal terms provides that shall, within five days from filing of the
publication in the OG is sufficient (b) Pedro is application, issue an order setting the date and
hour of the initial hearing which shall not be
wrong because practically no one reads the OG earlier than forty-five days nor later than ninety
anyway (c) Pedro is right because it is not fair days from the date of the order. The court, in an
that he should be unduly burdened by order dated June 13, 2009, set the initial hearing
additional expenses for publication (d) Pedro is of the case on September 25, 2009. After trial, the
wrong because publication in the newspaper is court rendered judgment in favor of the applicant.
part of procedural due process. On appeal, the OSG contends that the notice of
initial hearing is defective and/or it did not vest
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the trial court with jurisdiction over the case.
Ba 85 88
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Pedro applied for the registration of Lot 1, Psu-
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4597. The government opposed. After trial (a) The OSG is correct for the initial hearing
judgment was rendered in favor of Pedro. The should have been set not later than September
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judgment became final. Thereafter, Pedro sold the 11, 2009, or 90 days from June 13, 2009 (b) The
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land to Jose. Can the government appeal the OSG is correct since the publication of the
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judgment? (a) No because a final judgment can no notice is jurisdictional (c) The OSG is not
longer be the subject of appeal (b) No because the correct since the issuance and publication of the
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government is already concluded by the notice of initial hearing involve a process in
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judgment, having interposed its opposition to the which the applicant has had no participation (d)
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application for registration (c) Yes because the The OSG is not correct since the notice of initial
government is not bound by the mistakes or errors hearing, as published, already gave sufficient
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of its agents (d) No because the land is now notice to all interested parties of the actual date
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86 89
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4597. The government opposed. After trial Section 23 of PD No. 1520 provides: The court
judgment was rendered in favor of Pedro. The shall, within five days from filing of the
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judgment became final. Thereafter, Pedro sold the application, issue an order setting the date and
hour of the initial hearing which shall not be
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longer be the subject of appeal (b) No because the days from the date of the order. The court, in an
order dated June 13, 2009, set the initial hearing
government is already concluded by the
of the case on September 25, 2009. After trial, the
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judgment, having interposed its opposition to the court rendered judgment in favor of the applicant.
application for registration (c) Yes because the
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notice to all interested parties of the actual date
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of hearing
91 94
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Amendments to the application for registration (a) He must withdraw his original application
may be allowed. However, (a) it is not and file a new one to include the additional
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permissible to make amendments after the area after a consolidation survey (b) He
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registration of the property has been decreed should file a separate application for the
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except upon order of the court (b) the additional area (c) He must amend his
amendment is proper only when the inclusion of application to include the additional area
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additional area is very negligible, or smaller subject to the requirements of publication (d)
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than the original area (c) the amendment must He should file a separate application for the
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bear the conformity of the Solicitor General as additional area and thereafter move for the
the counsel for the government in all land consolidation of said application with the
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registration proceedings (d) the amended survey original application for registration.
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may be allowed. However, (a) it is not
Pedro applied for the registration of land
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permissible to make amendments after the containing 1,000 square meters. He bought
the adjoining lot with an area of 20 square
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amendment is proper only when the inclusion of the Torrens system, what must Pedro do?
additional area is very negligible, or smaller
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(a) He must withdraw his original application The capacity to acquire private land is
and file a new one to include the additional determined by the (a) capacity to convert the
area after a consolidation survey (b) He land to its maximum productivity (b)
should file a separate application for the capacity to acquire public land (c) capacity to
additional area (c) He must amend his proffer well-nigh incontrovertible proof of
application to include the additional area possession since June 12, 1945 or p;rior
subject to the requirements of publication (d) thereto (d) capacity to show full compliance
He should file a separate application for the with the residence and cultivation
additional area and thereafter move for the requirements by oral and documentary
consolidation of said application with the
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evidence.
original application for registration.
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Overt acts of possession to show claim of
The capacity to acquire private land is
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(GR No. L-62680, Nov. 9, 1988), the Court held capacity to acquire public land (c) capacity to
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takes only 10 years for mango trees and 5 years thereto (d) capacity to show full compliance
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for coconut trees to begin bearing fruit (c) it takes with the residence and cultivation
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only 3 years for coconut trees and 5 years for requirements by oral and documentary
mango trees to begin bearing fruit (d) it takes only
evidence.
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10 years for coconut trees and 5 years for mango
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trees. In Republic v. Court of Appeals and Chavez Court generally may not re-evaluate the
(GR No. L-62680, Nov. 9, 1988), the Court held findings of fact of the trial and appellate
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that in a practical and scientific way of planting, courts. The recognized exceptions are: (a)
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(a) it takes only 5 years for coconut trees and 3 when the findings of fact are conclusions
years for mango trees to begin bearing fruit (b) it
without citation of specific evidence on
takes only 10 years for mango trees and 5 years
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for coconut trees to begin bearing fruit (c) it takes which they are based (b) when the appellate
only 3 years for coconut trees and 5 years for court, in making its findings, went beyond
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mango trees to begin bearing fruit (d) it takes only the issues in the case (c) when the petitioner
10 years for coconut trees and 5 years for mango disputes the jurisdiction of the trial court (d)
trees to begin bearing fruit a and b.
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disputes the jurisdiction of the trial court (d) which states that all lands and all other natural
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a and b. resources are owned by the State.
103 106
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belongs to the owners of the land adjoining domains? (a) Ancestral domains are part the
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the banks of the river. It is however lands of the public domain under the concept of
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necessary that the accretion (a) must have jura regalia (b) Ancestral domains are the
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taken place for such length of time as to ipso private but community property of indigenous
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jure convert the same into private ownership peoples (c) Ancestral domains and all natural
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(b) is made through the effects of the current resources therein belong in private ownership to
of the water (c) is formed by the natural
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indigenous cultural communities based on
change in the course of the river (d) must native title (d) Ancestral domains are owned by
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have been formed gradually and the State pursuant to Section 2, Article XII
imperceptibly for a period of not less than 10
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which states that all lands and all other natural
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104 107
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belongs to the owners of the land adjoining Under the Indigenous Peoples Rights Act
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the banks of the river. It is however (RA No. 8371), registration under the
necessary that the accretion (a) must have
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change in the course of the river (d) must 1997 (b) possession since June 12, 1945 or
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have been formed gradually and earlier (c) possession for not less than ten
imperceptibly for a period of not less than 10 (10) years in good faith (d) possession for not
years. less than thirty (30) years.
105 108
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(10) years in good faith (d) possession for not
proof that he is qualified to register the land in his
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less than thirty (30) years.
name.
109 112
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Section 22, PD No. 1529 allows land subject of
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The primary purpose of cadastral proceedings registration to be dealt with after the filing of the
is (a) to determine conflicting claims of application and before the issuance of decree
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ownership in the area subject of cadastral subject to prescribed procedures. In case of sale,
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survey (b) to provide a remedy, without any for instance, it is required (a) that the buyer
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expense on the part of property owners, for the should be made a party to the case (b) that the
correction of errors in the technical description instrument evidencing the transaction be
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of lands already titled so as to conform to the presented to the court for appropriate
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cadastral survey (c) to settle and adjudicate consideration (c) that the application for
title to lands (d) to determine the priority or
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The primary purpose of cadastral proceedings The duty of the LRA Administrator to issue a
is (a) to determine conflicting claims of decree of registration is ministerial, the
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ownership in the area subject of cadastral reason being that (a) his refusal would
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survey (b) to provide a remedy, without any subject him to contempt of court (b) he is an
expense on the part of property owners, for the
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correction of errors in the technical description officer, and acts upon order, of the court (c)
of lands already titled so as to conform to the the winning party has an absolute right to the
fruits of the verdict (d) the issuance of the
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reconstitution proceedings (d) land forming
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part of the friar lands estate.
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petitioner must allege facts and Actions for reversion shall be instituted by
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circumstances surrounding the trial which the Solicitor General in the name of the
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prevented a fair and just determination of the Republic of the Philippines. Reversion is
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case (b) the petition must be filed within proper where defendants title covers (a) land
sixty (60) days from the finality of the consisting of alluvial deposits caused by the
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decision of the registration court (c) the action of the sea (b) land which had been
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petitioner must await the expiration of one previously titled through cadastral
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year from the issuance of the decree of proceedings (c) land subject of irregular
registration (d) the property has not passed to
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reconstitution proceedings (d) land forming
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116 119
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117 120
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Assurance Fund (c) the transferee can ask the the legal presumption of good faith (c) by
proof that the vendor is the true owner of the
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true owner to execute a deed of sale in his
property sold (d) by proof that the property
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elevate the matter to the LRA via en was unencumbered at the time of the sale.
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consulta.
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122 125
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When the deed of sale presented for Pedro, in a deed of sale purportedly made by the
registration is forged, (a) the registered latter in favor of Mario who paid the full purchse
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owner does not lose his title to the land (b) price thereof. Is Mario a buyer in good faith? (a) No
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the transferee can recover damages from the because as a cautious person he should have first
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Assurance Fund (c) the transferee can ask the determined in the office of the Register of Deeds
who the true owner of the property is (b) No
true owner to execute a deed of sale in his because the forged deed does not convey any valid
favor (d) the Register of Deeds should
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123 126
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of the title to determine any flaw in the title or consent to the sale (d) Yes because the deed of
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ownership of his vendor. sale does not bear the signature of Maria.
127 130
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Lot X is registered in the name of Pedro,
married to Maria. Pedro sells the land to Jose
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land from the alien vendee. Will the action because the sale does not bear the signature of
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of sale to show that Pedro alone acquired the
alien vendee are in pari delicto (d) No
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land in his own right (c) No because the lack of
because Pedro is estopped from impugning consent of Maria is fatal, there being no
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the sale (d) Yes because the prohibition is showing that she is incapacitated to give her
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designed for the protection of the Filipino consent to the sale (d) Yes because the deed of
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128 131
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Pedro sold registered land to an alien. The homestead within five years from the issuance
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sale was not registered. Realizing that the of the patent pursuant to Section 118 of the
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sale is prohibited, Pedro seeks to recover the Public Land Act. Which of the following
situations is not covered by the prohibition? (a)
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the sale (d) Yes because the prohibition is of a portion of the homestead with the
designed for the protection of the Filipino homesteader keeping a reasonable area for
vendor. himself and his family (d) None of the above.
129 132
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A homesteader is prohibited from alienating the Lis pendens refers to the jurisdiction, power or
homestead within five years from the issuance control which a court acquires over the property
of the patent pursuant to Section 118 of the involved in a suit, pending the continuance
Public Land Act. Which of the following thereof and until final judgment. What is the
situations is not covered by the prohibition? (a) purpose of a notice of lis pendens? (a) To fortify
Sale made to the homesteaders own son or the claim of ownership of the party causing the
daughter (b) Sale made within the prohibitory registration thereof (b) To prevent the owner of
period but conditioned upon express agreement the property from alienating it while the case is
of the parties that the sale shall not take effect still pending trial (c) To advise third persons who
until after the expiration of said period (c) Sale purchase the property that they do so at their peril
of a portion of the homestead with the (d) To put the owner on notice that he holds the
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homesteader keeping a reasonable area for property in trust for the person causing the
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himself and his family (d) None of the above. annotation of the lis pendens.
133 136
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Lis pendens refers to the jurisdiction, power or
Pedro is the registered owner of land.
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Pedro has the right to exploit the minerals the claim of ownership of the party causing the
registration thereof (b) To prevent the owner of
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(c) Pedro does not have the right to exploit the property from alienating it while the case is
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the minerals because he owns the surface still pending trial (c) To advise third persons who
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area only (d) The government has the right to purchase the property that they do so at their peril
exploit the minerals upon prior expropriation (d) To put the owner on notice that he holds the
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of the property. property in trust for the person causing the
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134 137
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Pedro is the registered owner of land. To be valid and effective, a notice of lis pendens
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Minerals are discovered underneath the must be (a) filed simultaneously with the filing
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absolute right to exploit the minerals (b) on both the duplicate certificate of title on file
with the Register of Deeds and in the
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the minerals because he owns the surface annotated on the original duplicate certificate
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area only (d) The government has the right to of title on file with the Register of Deeds.
exploit the minerals upon prior expropriation
of the property.
135 138
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To be valid and effective, a notice of lis May an adverse claim of ownership, based
on prescription and adverse possession, be
pendens must be (a) filed simultaneously with registered over registered land? (a) Yes
the filing of the action subject of the notice (b) because adverse claim aims to protect the
annotated on both the duplicate certificate of interest of the person claiming ownership of
title on file with the Register of Deeds and in the land (b) No because title to registered
the possession of the registered owner (c) land is imprescriptible (c) Yes because the
approved by the court in the pending case (d) adverse claim serves as a notice that the
annotated on the original duplicate certificate adverse claimant has a better right to the land
of title on file with the Register of Deeds. than the registered owner thereof (d) No
because prescription for the acquisition of
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title is never presumed.
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An adverse claim is effective for thirty (30)
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To be valid and effective, a notice of lis days from date of registration. To render the
pendens must be (a) filed simultaneously with adverse claim functus officio, (a) the
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the filing of the action subject of the notice (b) interested party should formally request the
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annotated on both the duplicate certificate of Register of Deeds to cancel the same upon
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title on file with the Register of Deeds and in the expiration of the 30-day period (b) no
the possession of the registered owner (c) action is necessary since the adverse claim
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approved by the court in the pending case (d) automatically lapses upon the expiration of
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annotated on the original duplicate certificate the 30-day period (c) the interested party
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case.
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140 143
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May an adverse claim of ownership, based An adverse claim is effective for thirty (30)
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on prescription and adverse possession, be days from date of registration. To render the
registered over registered land? (a) Yes adverse claim functus officio, (a) the
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because adverse claim aims to protect the interested party should formally request the
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interest of the person claiming ownership of Register of Deeds to cancel the same upon
the expiration of the 30-day period (b) no
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adverse claimant has a better right to the land the 30-day period (c) the interested party
than the registered owner thereof (d) No should file a petition in court for the
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because prescription for the acquisition of cancellation of the adverse claim (d) it is
title is never presumed. necessary to await the final outcome of the
case.
141 144
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The term any other document as a source reconstitution in 2004. The court denied the
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of reconstitution may include (a) an order of petition on the basis of a BID certification
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the court for the issuance of the decree (b) an submitted by the OSG that petitioner is a
Chinese, hence his title is null and void. In
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approved survey plan and technical
case Gan appeals, how should the case be
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resolved?
the LRA that a decree of registration was in
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146 149
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Petitioner Gan Tan, a Chinese citizen, lost (a) The appeal should be denied because Gan
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his Torrens title when his house was burned being an alien is disqualified from owning land
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petition on the basis of a BID certification irrevocable and indefeasible (c) The appeal
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147 150
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Pedro files a petition for administrative (a) The LRA should order outright the
reconstitution but it appears from official cancellation of Lims title and proceed to act
records that the subject property is already on Pedros petition for reconstitution (b) The
covered by an existing Torrens title in the LRA should dismiss Pedros petition pending
name of Lim. Investigation disclosed that the filing by the OSG or the competing
Lim is a Chinese, hence his title is
obviously void. What are the options open claimant of an action before the RTC for the
to the LRA? cancellation of Lims title (c) The LRA
should elevate the matter to the Secretary of
Justice for advisory opinion (d) The LRA
should defer action on Pedros petition
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pending the results of the action to determine
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the validity of Lims title
151 154
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OCT No. 38621 was decreed in the name of
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the filing by the OSG or the competing Assuming that the petition is substantiated, what
claimant of an action before the RTC for the
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cancellation of Lims title (c) The LRA issue an order of reconstitution: (a) in the name of
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should elevate the matter to the Secretary of Pedro Valdez, widower (b) in the name of
Justice for advisory opinion (d) The LRA
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Pedro files a petition for administrative
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Pedro Valdez, married to Lita Marquez.
reconstitution but it appears from official
Because of the loss of the original copy of the
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name of Lim. Investigation disclosed that During the pendency of the case, Lita died.
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Lim is a Chinese, hence his title is Assuming that the petition is substantiated, what
obviously void. What are the options open action should the court take? The court should
to the LRA? issue an order of reconstitution: (a) in the name of
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condominium corporation and the land remains
pending further study and determination of owned by the condominium corporation (d) (b)
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the issue. and (c).
157 160
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If the Register of Deeds is unsure whether or
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reformation of the instrument (b) He should sell any subdivision lot or condominium
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ask the registrant to elevate the matter to the unit in the registered project unless he shall
LRA for the resolution of the issue via en have first obtained a license to sell the
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consulta (c) He should himself refer the project. What is the consequence of the
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matter to the LRA for the determination of absence of the license to sell?
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the issue.
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158 161
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residential unit in a townhouse project constituted (a) The absence of a license to sell renders
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under the Condominium Act valid? (a) No the sale null and void (b) The absence of a
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right to damages.
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If only a portion of the land covered by a
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certificate of title is conveyed by the owner, and
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(a) The absence of a license to sell renders the deed of conveyance is presented for
the sale null and void (b) The absence of a inscription, what action should the Register of
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license to sell does not affect the validity of Deeds take? (a) He shall annotate the deed by
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should thereafter secure a license to validate notice to third persons (b) He shall not enter any
the sale (c) The absence of a license to sell transfer certificate to the grantee until a plan of
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subjects the condominium developer and its the land showing all the portions or lots into
which it has been subdivided shall have been
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officers civilly and criminally liable for the verified and approved (c) He shall issue a new
violation (d) The absence of a license to sell
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164 167
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If only a portion of the land covered by a
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registration certificate is not authorized to Deeds take? (a) He shall annotate the deed by
way of memorandum on the grantors certificate
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sell any subdivision lot or condominium of title, original and duplicate, to serve as a
unit in the registered project unless he shall notice to third persons (b) He shall not enter any
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have first obtained a license to sell the transfer certificate to the grantee until a plan of
the land showing all the portions or lots into
project. What is the consequence of the which it has been subdivided shall have been
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absence of the license to sell? verified and approved (c) He shall issue a new
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of the sale and then file a petition for replacement industrial lands may only be leased to aliens.
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of the lost title.
169 172
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Pedro decides to sell his property to Jose only to
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discover the loss of his owner's duplicate In 1995, Pedro, a natural born Filipino,
certificate of title covering the same. What initial bought an agricultural land from Jose who
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recourse should Pedro take? (a) Report the fact of has been in possession thereof as owner since
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loss to the police and then file a petition for 1942. Pedro migrated to Canada where he
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replacement of the lost title before the court (b) acquired Canadian citizenship. He came back
Send a notice under oath to the Register of Deeds to the Philippines in 2010 and applied for the
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of the province or city where the land lies as soon registration of the land which is now
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as the loss is discovered (c) Promptly file with the industrial in character. The government
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proper court a verified petition for replacement of opposed alleging that since Pedro is now an
the lost title (d) Proceed with the documentation alien he is not qualified to apply for
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of the sale and then file a petition for replacement registration.
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170 173
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In 1995, Pedro, a natural born Filipino, Is the opposition tenable? (a) Yes because
bought an agricultural land from Jose who aliens are disqualified from acquiring lands in
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has been in possession thereof as owner since the Philippines (b) Yes because even privately
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1942. Pedro migrated to Canada where he owned unregistered lands are presumed to be
acquired Canadian citizenship. He came back
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alien he is not qualified to apply for deemed already a private land (d) Yes because
registration. industrial lands may only be leased to aliens.
171 174
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The ordinary courts of justice (d) The RTC out in an ordinary action (d) Yes to avoid
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acting as a Special Agrarian Court (SAC). multiplicity of suits.
175 178
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Titles generated pursuant to the agrarian
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involving the cancellation of registered and ordered the defendant vendor to comply
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emancipation patents (EPs), certificates of with the terms and conditions of the contract.
land ownership award (CLOAs), and other Can plaintiff, in the same case, ask the court to
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titles issued under the agrarian reform compel defendant to surrender the duplicate
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program? (a) The Secretary of Agrarian
certificate of title to the Register of Deeds for
Reform (b) The Department of Agrarian
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176 179
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In an action for specific performance, the court court to compel surrender of the same to the
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upheld the sale of the property to the plaintiff Register of Deeds (b) Yes, this being a
necessary incident in the main case (c) No,
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Can plaintiff, in the same case, ask the court to surrender of the owner's duplicate certificate
of title to the Register of Deeds could only be
compel defendant to surrender the duplicate
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177 180
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Pedro filed a complaint for specific (a) Yes because the mortgage directly and
performance against Jose to compel the latter immediately subjects the mortgaged property
to comply with his contractual obligation to to the fulfillment of Joses loan obligation to
sell to the former the subject property. The Mario (b) No since any lien annotated on
court ruled in favor of Pedro and directed Jose Joses certificate of title shall be carried over
to surrender his owners duplicate certificate of to the new transfer certificate of title of Pedro
title to the Register of Deeds for cancellation (c) No because all subsequent purchasers, like
and issuance of a new title to Pedro. Mario, a Pedro, must respect the existing mortgage on
mortgagee, intervened and objected, alleging the property until fully discharged (d) Yes
that the issuance of title to Pedro will because the issuance of title to Pedro raises
substantially impair his rights and interests as a
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imminent questions on the validity of the
mortgagee. Is Marios objection valid?
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mortgage to the prejudice of Mario.
181 184
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(a) Yes because the mortgage directly and
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immediately subjects the mortgaged property To secure a loan, Pedro mortgaged his titled
to the fulfillment of Joses loan obligation to property to the bank. The mortgage was annotated
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Mario (b) No since any lien annotated on on the title. Subsequently, Jose, claiming prior
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Joses certificate of title shall be carried over right of ownership, brought suit in the RTC to
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to the new transfer certificate of title of Pedro quiet title and to nullify Pedros title. A notice of
lis pendens was annotated on Pedros title. For
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failure of Pedro to pay his loan, the bank
Pedro, must respect the existing mortgage on
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foreclosed and was the successful bidder at
the property until fully discharged (d) Yes
auction. Meantime, the RTC rendered judgment
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mortgage to the prejudice of Mario. and buyer in good faith. Is the bank correct?
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182 185
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performance against Jose to compel the latter
to comply with his contractual obligation to pendente lite, hence the mortgage was
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sell to the former the subject property. The subject to the results of the pending litigation
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court ruled in favor of Pedro and directed Jose (b) No because no valid lien can arise from a
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to surrender his owners duplicate certificate of void title (c) Yes because any subsequent
title to the Register of Deeds for cancellation lien or encumbrance annotated at the back of
and issuance of a new title to Pedro. Mario, a the title cannot affect the mortgage
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mortgagee, intervened and objected, alleging previously registered (d) No because Pedros
that the issuance of title to Pedro will
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183 186
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the bank. The bank claims that it is a mortgagee
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and buyer in good faith. Is the bank correct?
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the title cannot affect the mortgage
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