Final Examination (Land Titles 2020 1st Sem)

ATTY. FERNANDO S.
ALBERCA
Land Titles and Deeds
FINAL EXAMINATION
I
Mr. A mailed an instrument to the Register of Deeds for purposes of registration on 15 August
2019 and actually received by the latter on 25 Aug 2019. However, without the knowledge of Mr. A, the
same land covered by said instrument was again sold by its owner to Mr. X, who then have the
instrument also registered on 20 August 2019. The land now is the subject matter of the case between
Mr. A and Mr. X. If you were the judge, how would you decide the case? and why?
II
Mr. A executed a Deed of Sale in favor of Mr. B over a particular parcel of land. Thereafter, Mr. B
took possession of said land and exercised ownership thereof, including all improvements found therein
such as a building. Mr. A, then opposes arguing that the Deed of Sale in question specifically and
categorically did not mention the inclusion of such building. If you were the judge, how would you
decide the case? and why?
III
Mr. A filed a petition for Original Registration of Title over Lot No. 000, containing a total land
area of One Thousand Two Hundred (1,200) square meters. Mr. B, then filed an opposition, asserting
right over a portion of the land applied for. Thereafter, the case was later on decided in favor of the
applicant, however, he was required to pay 10, 000 Pesos as refund for the improvements introduced
into the area by Mr. B. Mr. A, then filed an appeal but Mr. B opposes and argued that Mr. A could not
file the same being the prevailing party in said case. If you were the judge, how would you decide the
case?, and why?
IV
Ms. X filed a petition for Original Registration of title over a parcel of land, which was later on
granted by the Court of which a corresponding OCT is issued . In her petition, she alleged that she is
married to Mr. B. What is now the status of the land covered by the OCT issued? Is it conjugal/capital/or
paraphernal and why?
V
An Original Certificate of Title was issued in the names of Mr. X and Ms. Y. In his petition for
reconstitution of title, Mr. X alleged that he is actually married to Ms. Y before the subject title was lost
through conflagration. Thus, prayed that a new Certificate of Title be issued now in their name as
spouses. If you were the judge, how would you decide the case? and why?
VI
Mr. A with Special Power of Attorney to Sale a particular registered parcel of land owned by Mr.
B. Instead of selling, mortgaged the same in favor of Mr. X. Thereafter, Mr. B, the registered owner
questioned the act of Mr. A in mortgaging the land in question. However, Mr. A counter argued that his
authority to sale includes the authority to mortgage. Is the argument of Mr. A meritorious? and why?
VII
For failure to settle his monetary obligation with A&B Bank, Mr. A’s mortgaged land was
judicially foreclosed and sold at public auction conducted by the Sheriff on 15 Aug 2015. Two (2) years
after the sale, Mr. A tried to redeem the property but the Bank refuses arguing that the one (1) year
period of redemption from the registration of the Sheriff Certificate of foreclosure sale had already
elapse. If you were the judge, how would you decide the case? and why?
1
VIII
Mr. A, bought a parcel of land from Mr. B covered by Tax Declaration # 1. Six (6) months
thereafter, Mr. X filed an action for nullification of the Deed of Sale, claiming to have bought the same
land from Mr. B earlier. However, Mr. A setup the defense that he is a buyer in good faith. If you were
the judge, how would you decide the case? and why?
IX
As a general rule, forge deed is an absolute nullity, and conveys no title. Give an example when a
forge document of sale may become the root of a valid title.
X
Mr. A mortgaged his registered land in favor of Mr. B for 200,000 Pesos. Thereafter, Mr. A died
leaving behind his surviving spouse Mrs. X and two (2) children, Y and Z. One of the heirs of the
mortgagor, Y then paid part of the debt representing his share to the estate of the mortgagor and
thereafter requested for the partial extinguishment of the mortgage. If you were the judge, how would
you decide the case? and why?
XI
Mr. A acquired a parcel of land through Homestead Patent Application. Thereafter, on 15 June
2014, sold the same in favor of Mr. B. Three (3) years after the sale, Mr. A wanted to redeem the land in
question but Mr. B refuses, claiming that there was no arrangement or agreement between them in the
Deed of Sale, as far as redemption is concerned. If you were the judge, how would you decide the case?,
and why?
XII
Mr. A filed a Petition for Original registration of title over a particular lot which was later on
granted by the court. Eight (8) months after the date of entry of the decree of registration, sold said land
to Mr. B, who is not aware of any defect of A’s title over said land. Mr. X, who is neither a party to the
ordinary or cadastral registration proceeding involving said land but claimed as mortgagee thereof, filed
a petition for review questioning the proceeding. If you were the judge, would you entertain the
Petition? and why?
XIII
What is the effect of the Deed, Mortgage or Lease, or other voluntary instruments, if not
registered with the concerned Register of Deeds in accordance with the existing laws?, and give the
exemption.
XIV
Who prepares and issues the corresponding decree of registration and under whose order?
XV
Mr. A filed a petition for original registration of title which Mr. B opposes. Thereafter, a
judgment was rendered in favor of Mr. A. However, Mr. B refuses to vacate the land in controversy.
Thus, compelling Mr. A to move for the issuance of a Writ of Possession. Can the Court issue the Writ?,
and why?
XVI
Administrative reconstitution of title under RA No. 26 has been abrogated by Sec. 110 of PD No.
1529, however, it was revived in a limited scale under RA No. 6732. Lay down the procedure in the
availment of administrative reconstitution of title under RA No. 6732
2
XVII
After two years from the date of entry of the decree of registration over a particular parcel of
land in favor of Mr. A, Mr. B, the adjoining owner, filed a petition of review questioning the validity of
the registration proceeding. If you were the judge, would you entertain the Petition? and why?
XVIII
Mr. A filed a complaint for damages against Mr. B, being the person responsible for the
deprivation of his real property. Unfortunately however, Mr. B is insolvent. What appropriate course of
action should the complainant do in the light of the aforesaid circumstance?
XIX
Explain briefly the rationale behind why title to land acquired pursuant to emancipation patent
or land reform programs of the government is not transferrable except by hereditary succession or to
the government.
XX
Mr. A filed an application for Original Registration of Title which was opposed by Mr. B. Thereafter, the
case was decided in favor of Mr. B. A copy of which was received by Mr. A on 01 January 2010.
Unsatisfied with the ruling, Mr. A filed a petition for relief from judgement on 10 March 2010. If you
were the judge, would you entertain the petition? and why?

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ATTY. FERNANDO S.

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