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Land Titles and Deeds Instructions

Maria entrusted documents related to her property to her brother Jose. Jose forged documents to transfer the property title to himself, and later sold the property to Veronica. Maria wants to take legal action to recover the property. Veronica wants to protect her claim to the property. Tomas applied to register land, but the OSG opposed on grounds the land classification changed after Tomas' claimed possession began. The OSG wants to file a motion for new trial in the case.

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111 views3 pages

Land Titles and Deeds Instructions

Maria entrusted documents related to her property to her brother Jose. Jose forged documents to transfer the property title to himself, and later sold the property to Veronica. Maria wants to take legal action to recover the property. Veronica wants to protect her claim to the property. Tomas applied to register land, but the OSG opposed on grounds the land classification changed after Tomas' claimed possession began. The OSG wants to file a motion for new trial in the case.

Uploaded by

RESUELLO DIVINA MAE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LAND TITLES AND DEEDS

INSTRUCTIONS

Answer the Essay questions clearly, and concisely. Your answer should
demonstrate your ability to analyze the facts presented by the question, to select
the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the
pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts,
and to reason logically in a lawyerlike manner to a sound conclusion from the
given premises.

1. Maria was employed by BDF Corporation, a Dubai-based and


registered company. In view of her eventual deployment to Dubai, sometime in
June 2001, Maria entrusted to her brother Jose the documents and title of her house
and lot situated in Apalit, Pampanga. Jose eventually needed money and forged a
Deed of Absolute Sale making it appear that Maria sold the property to him. In
January 2003, Jose succeeded in transferring the property to his name and the
corresponding duplicate copy of the title was issued to him. In September 2003,
Jose sold the property to Veronica who likewise caused the issuance of a new title
under her name.

In January 2016, Maria received a demand to vacate and to pay rental fee.
She thus found out that the property was long transferred to Veronica’s name.
Maria engaged the services of your firm. What action or actions will you institute
in order to vindicate her rights? Explain fully. (10%)

1.b. Veronica received the reply-letter of Maria and informed her that she
has never caused the transfer of the property to anyone. Afraid to lose the
property, Veronica engaged your services. What action/s and defense/s will you
advise her to protect her rights? Explain fully. (5%)

2. In January 2020, Tomas filed in the RTC of Valenzuela City an


application for registration of land to a parcel of land under Section 14 of P.D. 1529,
claiming that he has been in possession of the property since August 24, 1989 and
that the property is an alienable and disposable land of the public domain. The
necessary publication, mailing and notice were complied with. Two weeks before
the hearing, the Office of the Solicitor General filed its Opposition arguing that the
property was declared alienable and disposable land only in December 2005 as
evidenced by Executive Order No. 12345. On April 2, 2020, the day of the initial

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hearing, nobody but the applicant appeared. The Court then issued an Order of
General Default. During the trial on May 15, 2020, Tomas presented his evidence
and thereafter submitted the case for Decision. A Decision was rendered by the
Court on June 2, 2020 and the same was received by the parties on June 10, 2020.
On June 15, 2020, the OSG filed a Motion for New Trial invoking fraud and
attached therein an Affidavit of Merit. Rule on the propriety of Motion for New
Trial. (5%)

2.a. Assuming that the Motion was granted the Motion, will you grant
Tomas’ application? Why or why not? (10%)

3. Explain who are qualified to apply for judicial confirmation of


imperfect title. (5%)

3.a Discuss fully the procedure the judicial confirmation of imperfect title.
Is amendment of the petition allowed? If so, what is the effect of amendment on
the petition? (15%)

4. In 1986, Kara and Sofia occupied two separate but adjacent tracts of
land in Marinduque. Sofia's tract was classified as timber land while Kara's was
classified as agricultural land. Subsequently, in 2011, the government has declared
Sofia’s property as alienable and disposable land. Kara and Sofia declared the
property for taxation purposes. Kara caused some improvements on the property.

Given Kara’s continuous possession and occupation of the land, she filed a
petition for confirmation of imperfect title. As a new lawyer in the Office of the
Solicitor General, you were asked to prepare an Opposition on the petition. What
argument/s will you raise? Explain. (5%)

4.b Sofia engaged your services and inquired if she is already qualified
under R.A. 11573 to apply for judicial confirmation of imperfect title based on
ordinary prescription as defined by the Civil Code. What will you advise her? (5%)

5. Mr. R is the registered owner of a parcel of land located in Cebu City


covered by Transfer Certificate of Title (TCT) No. 1234 issued in 1955. Since his
acquisition of the lot, Mr. R and his family had been in continuous, open, and
peaceful possession thereof. Mr. R died in 1980, resulting in the land being
transferred in the names of his heirs, i.e., A, B, and C, who became registered
owners thereof as per TCT No. 5678. During the entire time, said land had never
been encumbered or disposed, and that its possession always remained with them.
Sometime in 1999, A, B, and C wanted to build a concrete fence around the parcel

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of land, but they were opposed by Mrs. X, who started claiming ownership over
the same property on the strength of a Deed of Absolute Sale purportedly entered
into by her with Mr. R during the time that he was still alive. Aggrieved, A, B, and
C intend to file a complaint for quieting of title against Mrs. X. They sought for
your advice on whether a complaint for quieting of title will prosper. Explain fully.
(10%)

6. Kara Sofia was born on December 1, 1997 in the United States of


America. Her mother was a natural born Filipino citizen while her father is a US
citizen. Since birth, she has lived in the US. In 2017, her parents divorced. She
visited the Philippines and suddenly had the desire to permanently live in the
Philippines. She engaged your services and sought your advice if she is allowed
under Philippine law to acquire private properties in the Philippines. She wants
to know the requirements and limitations, if any. She likewise relayed that her
husband, a US citizen, intends to purchase properties in the Philippines. Explain
whether he can own properties. (10%)

7. Athena, a resident of Quezon City, owns a parcel of land covered by


TCT No. 6789 in Quezon City. Due to severe financial constraints, she was forced
to sell the property to ABC Corporation, a foreign corporation based in China.
Subsequently, ABC Corporation sold the property to Stefano, a resident of
Marikina, one of its most valued clients. Wanting her property back, Athena,
learning of the transfer of the property from ABC Corporation to Stefano, plans to
file an action for the annulment of sale and for reconveyance.

a. What Court exercises jurisdiction over the case? Where is the proper venue
in the filing of the case? Explain. (5%)
b. Discuss the merits of Athena’s action for annulment of sale and for
reconveyance. (10%)
c. Can the State file an action for reversion of land in this case? Why or why
not? Discuss the propriety of filing this action and the grounds and period
for availing it. (5%)

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