Midterm Reviewer:

1. Who are qualified to apply for land registration proceedings?

Ans. Based on existing laws the following are qualified to apply for land registration
proceedings:
(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable
lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier;
(2) Those who have acquired ownership of private lands by prescription under the provision of
existing laws;
(3) Those who have acquired ownership of private lands or abandoned river beds by right of
accession or accretion under the existing laws;
(4) Those who have acquired ownership of land in any other manner provided for by law; and
(5) Filipino Citizens

2. What are the proofs of OCENA?

Ans. The following may be considered as proof of OCENA:
1. Taxes
2. Barangay Certificate
3. Testimonial Evidence by neighbour
4. Survey plan/map

3. Case 1: Mortgage to a friend

Ans. Under existing laws, in order to protect the rights B over the foreclosed property, it shall be
registered under the Register of deed whether it was extra-judicial or judicial foreclosure. Such
registration becomes effective against third persons.

4. What is adverse claim?

a. Nature and purpose- adverse claim is a notice to third persons that someone is claiming an
interest on the property or has better right than the registered owner thereof.
b. When can it be registered as an adverse claim?
I. When claimants right or interest in registered land is adverse to the registered owner;
II. Such right arose subsequent to date of original registration; and
III. No other provision is made in the decree for the registration of such right or claim

5. What is Lis Pendens?

Ans. It is a notice of pending litigation. It is a warning to the whole world that one who buys the
property with such annotation does so at his/her own risk.

6. Case 2: Jose vs. Pedro

 Ans. Yes. Under existing laws, he may claim for damages but can longer claim the title.

7. Case 3: Lando and Dante

Ans.
a. Lando is wrong. Under existing laws, prescription does not run against the plaintiff in actual
possession of the disputed land because such plaintiff has a right to wait until his possession
is disturbed or his title is questioned before initiating an action to vindicate his right.
b. The remedy of Dante is to file an action for damages against Lando. It is provided for by law
that action may be filed against applicant or person responsible for fraud where
reconveyance is no longer possible as when the land has been transferred to an innocent
purchaser for value.

8.