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SAN BEDA COLLEGE

Natural Resources Land Titles and Deeds


Mid-Term Section 2-F and 2-H (AY 2015-2016)
JUDGE ALBERTO SERRANO

1. Define and/or explain the following: (a) Regalian Doctrine; (b) Deed; (c) Innocent Purchaser for
Value; and (d) Mirror Doctrine (12%)
2. What are the four conditions that justify the filing of a petition to reopen the decree of
registration? (8%)
3. Robert filed a petition for registration of a piece of land on June 10, 2010. The order set the date
of initial hearing on July 20, 2010 at 8:30 in the morning. The notice of initial hearing was
published in the Official Gazette and once in The Chronicle, a newspaper of general circulation
in the city where the land lies. The Official Gazette was released for circulation on July 30, 2010.
No person appeared and filed opposition to the application for registration and an order of
general default was issued. Judgment was rendered and the same became final and executory.
In compliance with the court order, the Administrator of the LRA issued the decree of
registration and the corresponding certificate on September 1, 2011 in the name of Robert. On
October 15, 2011, Clive, who has been in possession of the subject land filed an action to cancel
the title of Robert. Will Clives action prosper or not? Explain. (10%)
4. Joshua had been in possession of a piece of land since 1937. He died on August 11, 1987 and his
daughter Nancy occupied the land. On April 3, 1990, Fred filed an application for registration
covering the same parcel of land in possession of Nancy but he did not include her in the
petition as one of the occupants of the said land. On July 16, 1990, Fred was able to secure a
favourable judgment and the decree of registration was entered and issued on September 10,
1991. Fred sold the said property to Cesar who obtained a transfer certificate of title in his name
on September 14, 1991. On October 20, 2010, Nancy filed an action for reconveyance against
Fred and Cesar, who filed a motion to dismiss the case based on prescription. Should the motion
to dismiss be granted or not? Explain (10%)
5. After the judgement in a land registration case has been rendered, the court issued an order
directing the Administrator of Land Registration Authority to issue a decree of registration in the
name Xerxes. However, the subject land is already covered by a certificate of title issued to
Peter pursuant to a homestead patent issued by the Director of Lands. Upon further,
investigation, it was discovered that the land is classified as timber land. Should the
Administrator comply with the court order? Explain (10%)
6. Alfred, claiming to be an agent of Pepe, alleged that Pepe's owner's duplicate certificate of title
was lost. Thus, he registered an affidavit of loss with the Register of Deeds and then filed a
petition with the court for the replacement of Pepe's duplicate certificate of title. The court
granted the petition and a replacement copy of the duplicate certificate of title was issued. All
along, Pepe is in the possession of the owner's duplicate certificate of title presenting a forged
deed of sale together with the replacement copy of the owner's duplicate certificate of title.
Alfred obtained a certificate of title in his name and sold the property to Quentin, who secured a
new transfer certificate of title in his name Pepe filed an action to nullify the title of Quentin,
who claims to have a better right over the land. Is the contention of Quentin valid or not. (10%)
7. As a result of the suit filed by P against D, an order of attachment was issued and the
attachment lien was annotated on D's TCT on February 8, 2008. On July 20, 2008, a writ of
execution was issued against D based on the final and executory judgement rendered in favor of
R. The same property attached by P was levied execution. In the execution sale held on October
03, 2008, R was adjudged the higher bidder and the Sheriff's Certificate of Sale was registered.
After the one year redemption period expired, R consolidated title over the property but the
Register of Deeds refused to cancel P's attachment lien. Was the Register of Deeds correct in
refusing to cancel the attachment lien? Explain fully (10%)
8. Ross delivered his owner's duplicate certificate of title to Fidel for safekeeping. Fidel forged
Ross signature in a Deed of Sale. Registering said deed of sale, together with the Ross owner's
duplicate certificate of title, a new TCT was issued in the name of Fidel. The property was then
sold to Keith who obtained a new TCT in his name. Ross discovered the forgery committed by
Fidel and he filed an action against Fidel and Keith. Will the action prosper or not? Explain fully
(10%)
9. On January 22, 2009, Brett obtained a P10.0 Million loan from Larry. On March 25, 2009, Brett
sold his registered land to Sonia for P10.0 Million but the owner's duplicate certificate of title
was not delivered to Sonia. After the said loan remained unpaid after maturity, Larry filed a
collection suit against Brett. On the other hand, Sonia who could not register the sale, also filed
action against Brett for specific performance. Because of their pending suits, Larry and Sonia
filed respective petitions with the Register of Deeds for the annotation of notices of lis pendens
on the same property of Brett. Both notices of lis pendens were annotated on the certificate of
title. Brett filed separate motions to cancel the notices of lis pendens. Resolve the two motions
with reasons. (10%)
10. Oscar constituted a real estate mortgage on his land in favor of Mario but the mortgage deed
was not registered. Subsequently, William filed an action for damages against Oscar based on
fraud. The court granted William's application for the issuance of a writ of attachment against
Oscar and the attachment lien was annotated on the certificate of title over the land mortgaged
by Oscar to Mario. Before he filed the case, William learned of the unregistered mortgage
constituted on the property in favor of Mario. Between Mario and William, who has
preferential right over the subject property? Explain your answer fully (10%)

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