The remedy of quieting of title is governed by Article 4761 and 4772 of the Civil Code.

An action to quiet title has two indispensable requisites, namely: (1) the plaintiff or
complainant has a legal or an equitable title to or interest in the real property subject
of the action; and (2) 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. 3 Plaintiff herein alleged in her
complaint that she is among the children of Pedro Resultay and Encarnacion
Resultay. Defendant assails plaintiff’s legal standing to file the present case as she is
not the registered owner of the lot in question. By virtue of a SPA issued by
Encarnacion (registered owner of Lot 266-A under Orihinal na Titulo Blg. P-57916, a
free patent title), thus, plaintiff has a legal or an equitable title to institute this
action.

Since We now come to the main issue of this instant case, whether the quieting of title is of merit.

1
Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid,
ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove
such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title to real property or any interest
therein.
2
Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject-
matter of the action. He need not be in possession of said property.
3
Spouses Caldito v. Obado, G.R. No. 181596, January 30, 2017