Beruflich Dokumente
Kultur Dokumente
No.
ISSUES:
A notice of adverse claim was filed with the
1. WON the subject Declaration of Registry of Deeds which contained the
Heirship and Waiver of Rights is a Declaration of Heirship with Waiver of rights
recognized mode of acquiring and was annotated at the back of the Original
ownership by private respondent over Certificate of Title (OCT) to the land in
the lot in question. question.
2. WON the said document can be This said notice, by its nature, does not however
considered as Deed of Sale in favor of prove private respondent's ownership over the
private respondent of the lot in question. tenanted lot. The Court emphasized that while
the existence of said adverse claim was duly
proven, there was no evidence whatsoever that a
HELD: deed of sale was executed between the parties
transferring the rights in favor of private
The Court GRANTS the petition and SET respondent. An adverse claim cannot by itself be
ASIDE the decision of the CA. sufficient to cancel the OCT to the land and title
the same in private respondent's name.
On Issue No. 1
No.