QUIETING OF TITLE

 Quieting of title is a common law remedy for the removal of any cloud, doubt, or uncertainty
affecting title to real property.

 Requisites for existence of a cloud:

1. There is an Apparently valid or effective instrument.

2. But such instrument is in Truth:

a. Invalid;
b. ineffective;
c. voidable;
d. unenforceable;
e. has been extinguished or terminated;
f. has been barred by extinctive prescription.

3. Such instrument may be Prejudicial to the title. (Filipinas Eslon Manufacturing Corp.
V. Heirs of Basilio Llanes, G.R. No. 194114, March 27, 2019 citing 628 Phil 425-426
(2010))

 An action to quiet title or to remove the clouds over a title is a special civil action governed
by the second paragraph of Section 1, Rule 63 of the Rules of Court. Specifically, an action
for quieting of title is essentially a common law remedy grounded on equity.

 The competent court is tasked to:

1. Determine the respective rights of the complainant and other claimants, not only to put
things in their proper place; and
2. Make the one who has no rights to said immovable respect and not disturb the other, but
also for the benefit of both, so that he who has the right would see every cloud of doubt
over the property dissipated, and he could afterwards without fear introduce the
improvements he may desire, to use, and even to abuse the property as he deems best.

 Requisites for an action to quiet title

1. Plaintiff must have a Legal or equitable title to, or interest in the real property which is
the subject matter of the action;

2. There must be Cloud in such title;

3. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title
must be shown to be in fact invalid or inoperative despite its prima facie appearance of
validity or legal efficacy due to some:

a. Instrument;
 b. Record;
c. Claim;
d. Encumbrance; or
e. proceeding which is apparently valid but is in truth invalid, ineffective, voidable or
unenforceable, and is prejudicial to the plaintiff’s title; (Filipinas Eslon
Manufacturing Corp. V. Heirs of Basilio Llanes, G.R. No. 194114, March 27,
2019 citing Mananquil v. Moico, 699 Phil. 120, 126-127 (2012))

 lmprescriptibility is accorded to cases for quieting of title since the plaintiff has the right
to wait until his possession is disturbed or his title is questioned before initiating an
action to vindicate his right. (Ocampo v. Ocampo, G.R. No. 227894, July 5, 2017 citing
G.R. No. 221513, December 5, 2016)