Professional Documents
Culture Documents
16. Sec 23 of PD 1529 provides: "The court shall, within five days from
the filing of the application, issue an order setting the date and hour of
the initial hearing which shall not be earlier than 45-days nor later than
90 days from the date of the order." The court, in an order dated June 13,
2009, set the initial hearing of the case on Sep 25, 2009. After trial, the
court rendered judgment in favor of the applicant. On appeal, the OSG
contends that the notice of initial hearing is defective and/or it did not
vest the trial court with jurisdiction over the case.
c. the OSG is not correct since the issuance and publication of the notice of
initial hearing involve a process in which the applicant has had no
participation
17. Amendments to the application for registration may be allowed.
However.
a. it is not permissible to make amendments after the registration of the
property has been declared except upon order of the court.
a. a homesteader who has not yet been issued his title but has fulfilled all the
conditions required by law for the issuance of patent.
5. PD No. 892, dated February 16, 1976, has outlawed Spanish titles as
evidence of ownership in registration case. However,
c. he must amend his application to include the additional area subject to the
requirements of publication.
b. it takes only 10 years for mango trees and 5years for coconut trees to begin
fruit bearing.
20. The capacity to acquire private land is determined by the
b. capacity to acquire public land
b. when the appellate court, in making its findings, went beyond the issues of
the case
22. The CC provides that accretion belongs to the owners of the land
adjoining the banks of the river. It is however necessary that the accretion
b. is made through the effects of the current of water
23. What is the concept of ownership of ancestral domains?
b. ancestral domains are the private but community property of indigenous
people
24. Under the Indigenous Peoples Right Act (RA 8371), registration under
the Torrens system of individually-owned ancestral land requires
a. possession for not less than 30 years
25. The primary purpose of cadastral proceedings is
c. to settle and adjudicate title to lands
26. Sec 22 of PD 1529 allows land subject of registration to be dealt with
after the filing of the application and before the issuance of decree subject
to prescribed procedures. In case of sale, for instance, it is required
b. that the instrument evidencing the transaction be presented to the court for
appropriate consideration
a. when the right to its enjoyment, present or prospective, has become the
property of a particular person.
14. The notice of initial hearing must be published both in the Official
Gazette and in a newspaper of general circulation; however, the law
provides that publication in the OG "shall be sufficient to confer
jurisdiction upon the court." Pedro, as applicant, believes that there is no
need to publish the notice in the newspaper anymore.
29. Actions for reversion shall be instituted by the Sol Gen in the name of
the Rep of the Phil. Reversion is proper where defendant's title covers
15. Pedro applied for the registration of Lot 1, Psu-4597. The government
opposed. After trial judgment was rendered in favor of Pedro. The
judgment became final. Thereafter, Pedro sold the land to Jose. Can the
government appeal the judgment?
petitioned the court for reconstitution. During the pendency of the case,
Lita died. Assuming that the petition is substantiated, what action should
the court take? The court should issue an order of reconstitution
c. in the name of 'Pedro Valdez, married to Lita Marquez."
46. If the Register of Deeds is unsure whether or not an instrument
affecting registered land is registrable, what should he do?
c. he should himself refer the matter to the LRA for the determination of the
issue
47. Is the purchase by a Dutch national of a residential unit in a
townhouse project constituted under the Condominium Act valid?
b. yes because for as long as 60% of the members of the condominium
corporation are Filipinos, the remaining members can be foreigners.
c. Yes, because the unit owner is simply a member of the condominium
corporation and land remains owned by the condominium corporation
48. The owner or dealer who has been issued a registration certificate is
not authorized to sell any subdivision lot or condominium unit in the
registered project unless he shall first obtained a license to sell the
project. The absence of the license to sell
c. subjects the condominium developer and its officers civilly and criminally
liable for the violation
49. If only a portion of the land covered by a certificate of title is
conveyed by the owner, and the deed of conveyance is presented for
inscription, what action should the Register of Deeds take?
a. he shall annotate the deed by way of memorandum on the grantor's
certificate of title, original and duplicate, to serve as a notice to third persons.
b. He shall not enter any transfer certificate to the grantee until a plan of the
land showing all the portions or lots into which it has been subdivided shall
have been verified and approved.
38. Lis pendens refers to the jurisdiction, power or control which a court
acquires over the property involved in a suit, pending the continuance
thereof and until final judgment. The purpose of a notice of lis pendens is
50. Pedro decides to sell his property to Jose only to discover the loss of
his owner's duplicate certificate of title covering the same. What initial
recourse should Pedro take?
c. to advise third persons who purchase the property that they do so at their
peril.
b. send a notice under oath to the Register of Deeds of the province or city
where the land lies as soon as the loss is discovered
45. OCT No. 38621 was decreed in the name of "Pedro Valdez, married to
Lita Marquez." Because of the loss of the original copy of title, Pedro
c. no because the land at the time of its acquisition by Pedro is deemed already
a private land.
52. Titles generated pursuant to the agrarian reform program form and
integral part of the system of property registration and ownership. Who
has jurisdiction over cases involving the cancellation of registered
emancipation patent, certificates of land ownership award and other titles
issued under the agrarian reform program?
a. the Secretary of Agrarian Reform
53. In an action for specific performance, the court upheld the sale of the
property to the plaintiff and ordered the defendant vendor to comply
with the terms and conditions of the contract. Can plaintiff, in the same
case, ask to compel to surrender the duplicate certificate of title to the
Register of Deeds for the registration of the Sale?
b. yes this being a necessary incident in the main case
54. Pedro filed a complaint for a specific performance against Jose to
compel the latter to comply with his contractual obligation to sell to the
former the subject property. The court ruled in favor of Pedro and
directed Jose to surrender his owner's duplicate certificate of title to the
Register of Deeds for cancellation and issuance of a new title to Pedrp.
Mario, a mortgagee, intervened and objected, alleging that the issuance of
title to Pedro will substantially impair his rights and interests as a
mortgagee. Is Mario's objection valid?
b. no since any lien annotated on Jose's certificate of title shall be carried over
to the new transfer certificate of title of Pedro.
55.To secure a loan, Pedro mortgaged his titled property to the bank. The
mortgagee was annotated on the title. Subsequently, Jose, claiming prior
right of ownership, brought a suit in the RTC to quiet title and to nullify
Pedro's title. A notice of lis pendens was annotated on Pedro's title. For
failure of Pedro to pay his loan, the bank foreclosed and was successful
bidder at auction. Meantime, the RTC rendered judgment nullifying
Pedro's title as well as the mortgage to the bank. The bank claims that it
is a mortgagee and buyer in good faith. Is the bank correct?