QUIETING OF TITLE

Q: What are the requisites for an action to quiet title to prosper?

ANS: The requisites are: (TACR)
a. Plaintiff must have a legal or equitable Title to, or interest in the real property which is the
subject matter of the action;
b. Such cloud must be due to some instrument, record, claim, encumbrance or proceeding
which is Apparently valid but is in truth invalid, ineffective, voidable or unenforceable and
is prejudicial to the plaintiff’s title;
c. There must be a Cloud in such title; and
d. Plaintiff must Return to the defendant all benefits he may have received from the latter or
reimburse him for expenses that may have redounded to his benefit (CIVIL CODE, Art.
476-479).

Q: What are the distinctions between quieting title, removing of cloud, and
preventing cloud?
ANS: The distinctions are:

Quieting of Title Removing of Cloud Preventing a Cloud

To put an end to vexatious
litigation in respect to the
property involved.
Remedial in nature,
involving a present adverse
claim.
Plaintiff asserts own claim,
declares that the claim of
the defendant is unfounded
and calls on the defendant
to justify his claim on the
property.
Filed against people who
have claims; claims are
more general in nature.
(Property, De Leon 2015)
To procure the cancellation, To remove possible
delivery, release of an foundation for a future
instrument, or encumbrance hostile claim.
which constitutes a claim in
plaintiff’s title, and which
may be used to injure him
in the enjoyment of his title.
As to Nature of Action
Preventive in nature, to Preventive in nature, to
remove cloud which may prevent a future cloud.
be used for future actions.
As to Nature of Claims
Plaintiff declares his own
claim and title, and at the
same time indicates the
source and nature of
defendant’s claim, pointing
its defect and prays for the
declaration of its invalidity.
Filed Against Whom
Filed against defendant who
asserts claims based on an
invalid instrument (but not
apparent)
Q: Does an action to quiet title prescribe?
ANS: It depends. If the plaintiff is in possession, the action is imprescriptible because the
owner is given the continuing aid by the court to ascertain and determine the nature of such
claim and its effect on his title. He can wait until his possession is disturbed and attached
before taking steps to vindicate his right (Spouses Benito v. Saquitan-Ruiz, G.R. No.
149906, December 26, 2002). On the other hand, if the plaintiff is not in possession, the
action prescribes in ten (10) years for ordinary prescription or thirty (30) years extraordinary
prescription.
Note: If the plaintiff is not in possession, although the action is brought within the
period of limitations, it may be barred by laches, whose essence is the doctrine of
estoppel (Property, De Leon 2015).

CO-OWNERSHIP
Q: What is co-ownership?
ANS: Co-ownership is that state where an undivided thing or right belongs to two or more
persons (CIVIL CODE, Art. 484)

Q: What are the requisites of co-ownership?

ANS: The requisites are: (PUR)
a. Plurality of subjects;
b. Unity of object (material indivision);
c. Recognition of the ideal or intellectual shares of the co-owners which determine their
rights and obligations (Civil Code, Tolentino)

Q: What are the characteristics of ownership?

ANS: The characteristics are:
a. There must be more than 1 owner (CIVIL CODE, Art. 484);
b. There is one physical whole divided into ideal shares;
c. Each ideal share is definite amount, but is not physically segregated from the rest (Lopez
v. Illuste, G.R. No. 2426, January 24, 1906);
d. There is no mutual representation by the co-owners;
e. Regarding the ideal share, each co-owner holds almost absolute control over the same
(CIVIL CODE, Art. 492);
f. It is not a juridical person (Smith v. Lopez, G.R. No. 1472, September 30, 1905); and
g. A co-owner is in a sense, a trustee for the other co-owner (Castrillo v. Court of Appeals,
G.R. No. L-18046, March 31, 1964; Property, Paras 2016).

Q: What are the sources of co-ownership?

ANS: The sources of ownership are: (C2-LOST)
a. Contract- by stipulation
b. Chance- Commixtion, confusion, finding a hidden treasure
c. Law- party walls, party ditches, absolute community of property between spouses
d. Occupation- catching animals, fish, etc.
e. Succession- heirs of undivided property before the partition
f. Testamentary disposition or donation inter vivos- when the testator or donor prohibits
partition (Property, Paras 2016).
Note: Any stipulation in a contract making the share in the benefits or charges
disproportional to the respective interests is declared VOID; if the co-ownership is created
other than a contract, such as by will or by donation, the share of the co-owners need not be
proportionate to their respective interests (De Leon, Property 2015).

Q: What are the rights of each co-owner as to the thing owned in common?
ANS: The rights of each co-owner as to the thing owned in common are:
a. To use the thing owned in common (CIVIL CODE, Art. 486);
Limitations:
i. Used according to the purpose for which it was intended;
ii. Interest of the co-ownership must not be prejudiced; and
iii. Other co-owners must not be prevented from using it according to their own
rights.
b. To share in the benefits and charges in proportion to the interest of each (CIVIL CODE,
Art. 485);
c. Benefits of prescription: Prescription by one co-owner benefits all;
d. Repairs and taxes: To compel others to share in the expenses of preservation even if
incurred without prior notice (CIVIL CODE, Art. 486);
e. Alterations: To oppose alterations made without the consent of all, even if beneficial
(CIVIL CODE, Art. 491);
f. To protest against seriously prejudicial decisions of the majority (CIVIL CODE, Art.
490);
g. Legal redemption: to be exercised within 30 days from written notice of sale an undivided
share of another co-owner to a stranger;
h. To defend the co-ownership’s interest in court; and
i. To demand partition at any time (CIVIL CODE, Art. 494).

Q: What are the rights of each co-owner as to his ideal share?

ANS: The following are the rights of a co-owner as to his ideal share:
a. Right to full ownership of his part and of his share of the fruits and benefits;
b. Right to substitute another person in its enjoyment, except when personal rights are
involved;
c. Right to alienate, dispose or encumber; and
d. Right to renounce part of his interest to reimburse necessary expenses incurred by another
co-owner (Property, Paras 2016).

Q: What are the grounds for termination of co-ownership?

ANS: The following are the ground for termination of co-ownership: (JEx-CoS-M-LEx-T2)
a. Judicial Partition;
b. Extrajudicial partition;
c. When by prescription, one Co-owner has acquired the whole property by adverse
possession as against all the others, and repudiating unequivocally the ownership of
the other;
d. When a Stranger acquires by prescription the thing owned in common;
e. Merger in one co-owner;
f. Loss or destruction;
g. Expropriation;
h. By the Termination of the period agreed upon or imposed by the donor or testator, or of
the period allowed by law (CIVIL CODE, Art. 494, pars. 2 and 3); and
i. By the sale by the co-owners of the thing to a Third person and the distribution of its
proceeds among them (CIVIL CODE, Art. 498).

POSSESSION
Q: What is possession?
ANS: Possession is the holding of a thing or the enjoyment of a right (CIVIL CODE, Art.
523).

Q: What are the different kinds of possession?

ANS: The different kinds of possession are:
a. In one’s own name- where possessor claims the thing for himself;
b. In the name of another- for whom the thing is held by the possessor:
i. Voluntary- as when an agent possesses for the principal (by virtue of an
agreement);
ii. Necessary or Legal- when exercised by virtue of law, such as possession in
behalf of incapacitated persons, and juridical entities; and
iii. Unauthorized- This will become the principal’s possession only after there has
been a ratification of the same without prejudice to the effects of negotiorum gestio
(Property, Paras 2016).
c. In the concept of owner (enconcepto de dueno)- possessor of thing or right, by his actions,
is considered or believed by others as the owner, regardless of good or bad faith of the
possessor.
d. In the concept of holder- possessor holds it merely to keep or enjoy it, the ownership
pertaining to another person; possessor acknowledges in another a superior right which he
believes to be ownership cannot acquire ownership by prescription (Property, Paras 2016).

Q: How is possession acquired?

ANS: Possession is acquired:
a. By the material occupation of a thing or the exercise of a right ( tradicion brevi manu)
(CIVIL CODE, Art. 499) and tradicion constitutum possessorium (CIVIL CODE, Art.
1500);
b. By the fact that it is subject to the action of our will (tradicion longa manu) (CIVIL
CODE, Art. 499) and tradicion simbolica (CIVIL CODE, Art. 1498);
c. By the proper acts and legal formalities established for acquiring such right (CIVIL
CODE, Art. 531).

Q: By whom is possession acquired?

ANS: Possession may be acquired:
a. Personally or by the same person who is to enjoy it;
b. Through an authorized person or by his legal representative or agent; and
c. Through an unathorized person or by any persons without any power of authority
whatsoever (CIVIL CODE, Art. 532).

Q: What are the modes by which possession cannot be acquired?

ANS: Possession cannot be acquired:
a. Through force or intimidation as long as there is a possessor who objects thereto (CIVIL
CODE, Art. 536);
b. Through mere tolerance (CIVIL CODE, Art. 537); and
c. Through clandestine, secret possession (CIVIL CODE, Art. 537).

Q: What is/are the effect/s of possession in the concept of an owner?

ANS: Only possession acquired and enjoyed in the concept of owner can serve as a title for
acquiring dominion (CIVIL CODE, Art. 540) even if he acted in bad faith. A possessor in
the concept of an owner has in his favor of the legal presumption that he possesses with a
just title and he cannot be obliged to show or prove it (CIVIL CODE, Art. 541).

Q: What are the effects if a lost movable is found?

ANS: The effects are:
a. Whoever finds a movable, which is not treasured, must return it to its previous possessor.
If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or
municipality where he found it;
b. The finding shall be publicly announced by the mayor for two consecutive weeks in the
way he deems best;
c. If the movable cannot be kept without deterioration, or without expenses which
considerably diminish its value, it shall be sold at a public auction eight days after the
publication;
d. Six months from the publication having elapsed without the owner having appeared, the
thing found, or its value, shall be awarded to the finder. The finder and the owner shall be
obliged as the case may be, to reimburse the expenses (CIVIL CODE, Art. 719); and
e. If the owner should appear in time, he shall be obliged to pay as a reward to the finder,
one-tenth (1/10) of the sum or the price of the thing found. (CIVIL CODE, Art. 720).
Q: Who are considered in possession in the concept of holder?
ANS: They are the following:
a. Lessees;
b. Trustees, including: parents over the properties if their children; and husband and wife
over each other’s property;
c. Antichretic creditors;
d. Agents;
e. Attorney’s regarding their client’s properties;
f. Depositaries; and
g. Co-owners (Property, Paras 2016).

Q: Who are considered in possession in one’s own name?

ANS: The fact of possession and the right to such possession are found in the same person,
such as the actual possession of an owner or a lessor of land. (Property, De Leon 2015).

Q: Who are considered in possession in the name of another?

ANS: The one in actual possession is without any right of his own, but is merely an
instrument of another in the exercise of the latter’s possession, such as the possession of an
agent, servant, or guard. (Property, De Leon 2015).

Q: What are the classes of possession in another’s name?

ANS: The following are the classes of possession in another’s name:
a. Voluntary- when exercised by virtue of an agreement;
b. Necessary or legal- when exercised by virtue of law, such as the possession in behalf of
incapacitated persons and juridical entities.
c. Physical or material- when the possessor is a mere custodian or keeper of the property or
funds received and has no independent right or title to retain or possess the same as against
the owner.
d. Juridical- when the possession gives the transferee a right over the thing which the
transferee may set up against the owner. (Property, De Leon 2015).

Q: What are the rights of every possessor?

ANS: The rights of a possessor are:
a. To be respected in his possession;
b. To be protected in or restored to said possession by legal means should he be disturbed
therein; and
c. To secure from a competent court in an action for forcible entry the writ of preliminary
mandatory injunction to restore him in his possession (CIVIL CODE, Art. 539).

Q: What are the causes for loss of possession?

ANS: The general causes for loss of possession are:
a. Thru the possessor’s voluntary will and intent:
 i. Abandonment; and
ii. Transfer or conveyance (CIVIL CODE, Art. 555).
b. Against the possessor’s will:
i. Eminent domain;
ii. Acquisitive prescription;
iii. Recovery or vindication by the legitimate owner or possessor;
iv. Judicial decree in favor of one who has a better right; and
v. Possession of another for more than one year (CIVIL CODE, Art. 555).

Q: What are the acts that do not constitute loss of possession?

ANS: The acts that do not constitute loss of possession are:
a. Acts executed by stealth and without knowledge of the possessor;
b. Acts merely tolerated either by the possessor or by his representative or holder in his
name unless authorized or ratified;
c. Violence; and
d. Temporary ignorance of the whereabouts of movable property (CIVIL CODE, Arts. 537-
538).