LAND, TITLES AND DEEDS

Mock Exam

I.

In 1972, Luciano de la Cruz sold to Chua Chung Chun, a Chinese citizen, a

parcel of land in Binondo. Chua died in 1990, leaving behind his wife and
three children, one of whom, Julian, is a naturalized Filipino citizen. Six
years after Chua’s death, the heirs executed an extrajudicial settlement of
estate, and the parcel of land was allocated to Julian. In 2007, Luciano filed
suit to recover the land he sold to Chua, alleging that the sale was void
because it contravened the Constitution which prohibits the sale of private
lands to aliens. Julian moved to dismiss the suit on grounds of pari delicto,
laches and acquisitive prescription.

Decide the case with reasons.

II.

What properties are not registrable?

III.

Manuel was born on 12 March 1940 in a 1 000-square meter property

where he grew up helping his father, Michael, cultivate the land. Michael
has lived on the property since the land was opened for settlement at about
the time of the Commonwealth government in 1935, but for some reason
never secured any title to the property other than a tax declaration in his
name. He has held the property through the years in the concept of an
owner and his stay was uncontested by others. He has also conscientiously
and continuously paid the realty taxes on the land. Michael died in 2000
and Manuel – as Michael’s only son and heir -now wants to secure and
register title to the land in his own name. He consults you for legal advice
as he wants to perfect his title to the land and secure its registration in his
name.

What are the laws that you need to consider in advising Manuel on how he
can perfect his title and register the land in his name? Explain the
relevance of these laws to your projected course of action.

IV.

Spouses Pinoy and Pinay, both natural-born Filipino citizens, purchased

property in the Philippines. However, they sought its registration when they
were already naturalized as Canadian citizens.

Should the registration be denied on the ground that they cannot do so

being foreign nationals?

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 V.

Joe, an alien, invalidly acquired a parcel of land in the Philippines. He

subsequently transferred it to Jose, a Filipino citizen.

a. What is the status of the transfer?

b. If Joe had not transferred it to Jose but he, himself, was later
naturalized as a Filipino citizen, will his acquisition thereof remain
invalid?

VI.

Why is it in a corporation sole, citizenship is not in question?

VII.

In 1998, Iglesia ni Cristo filed its application for Registration of Title before
the MCTC in Paoay-Currimao. Yet, the Republic filed an opposition to INCs
application. The cadastral court held that the essential elements for judicial
confirmation of an imperfect title over the subject lot have been complied
with. The CA also held that the INC has been in continuous, open and
peaceful possession and occupation of the lot for more than 40 years.

May a judicial confirmation of imperfect title prosper when the subject

property has been declared as alienable only after June 12, 1945?

VIII.

St. Jude’s Enterprise, Inc. is the registered owner of a parcel of land. It then
subdivided the said land and was later on found to have expanded and
enlarged with an increase of 1, 421 sqm. St. Jude sold the lots to several
individuals. Thus, the SolGen filed an action seeking the annulment and
cancellation of the TCT issued in the name of St. Jude.

Is the government estopped from questioning the approved subdivision

plan which expanded the areas covered by the TCTs in question?

IX.

What are the modes of acquiring title over a parcel of land?

X.

Distinguish briefly the following terms:

a. Title vs. Land Title

b. Certificate of Title vs. Deed
c. Ownership vs. Title