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Land Titles and Deeds Exam Questions
Land Titles and Deeds Exam Questions
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%.