SUBJECT INDEX

Digested arguments:

1. The RTC prematurely cancelled the adverse claim made by Carmela over the subject property.
The court decided to cancel the adverse claim despite the fact that a witness was not heard and
despite the fact that the original defendant passed away pending the case. Cases should be
heard based on the merits as much as possible.
2. Carmela, as a collateral heir and as a victim of the forged and falsified deed of donation made
by Sinio, has a valid claim over the property in controversy. An action for reconveyance is based
on Section 53, paragraph 3 of Presidential Decree (PD) No. 1529 may stand in case a land was
registered by means of fraud or other deceits. Since Sinio was alleged to be not legitimately
adopted by Salvacion, Carmela’s sister, as a collateral heir she may inherit the land left by the
former.
3. The purpose of filing an adverse claim is to notify third parties, especially potential buyers or
mortgagees. This prevents any unauthorized or unfair sale, transfer, or encumbrance. The court
should have directed Carmela to institute an action questioning the title of Sinio instead of
dismissing it outright.

TABLE OF AUTHORITIES

PHILIPPINE JURISPRUDENCE PAGE

Air Manila, Inc. vs. Court of Industrial Relations, (83 SCRA 579, 589 [1978]).........................7
Caro vs. Court of Appeals, G.R. No. 76148, December 20, 1989............................................8
Spouses Tan v. Bantegui, (510 Phil. 434, 447 [2005])..............................................................9
Wee v. Mardo, G.R. No. 202414, June 4, 2014.......................................................................11

PHILIPPINE STATUTE
Section 53, Paragraph 3 of Presidential Decree (PD) No. 1529...............................................8
Article 1456 of the New Civil Code..........................................................................................8
Article 130 of the Family Code................................................................................................9
Article 1003 of the New Civil Code.........................................................................................10
Section 70 of Presidential Decree (PD) No. 1529....................................................................11