Hindi ito ang exam question ko under Justice Oswaldo D. Agcaoili, mas mahirap ang p*tang ina! Pinaghalo halo yung mga questions, meron pang draft ng adverse claim. But this samplex really helped. Some of the questions are virtual reproductions. Thus, it deserves a lot of thanks to Atty. Gapasin and Ordo Luminis Legis of UST.
From the Library of Carillo and Tapales of Antipolo City.
AB filed his answer in a cadastral proceeding claiming private ownership of Lot. I. However, the court declared the lot as public land. Can AB subsequently file an application for judicial confirmation of title for the same land? [10%]
In a registration case, the OSG requested the Provincial Prosecutor to represent it during the trial. The court granted the application for registration.
(a) On what grounds may the government file a motion for reconsideration? [7%] (b) Within what period may the government file the motion? [3%]
AB is an applicant for registration. As present possessor, CD files his opposition. The court renders judgment in favor of AB, which becomes final.
(a) What is the remedy of AB in case CD refuses to vacate? (5%]
(b) In case CD refuses to comply with the order to vacate, can he be cited for contempt? [5%)
(a) What are the contents of a decree of registration? [5%]
(b) What are the essential requisites for the review of a decree? [5%]
Explain. Registration does not vest title [10%]
AB is the registered owner of land. In 1993, he migrated to the US and obtained a green card. When he came back to the Philippines in 2003, he found CD occupying the land with his house thereon, claiming ownership thereof on the basis of possession.
(a) As counsel to AB what action will you take against CD? [5%]
(b) As counsel for CD, how would you respond to the action of AB? [5%]
AB filed a complaint to nullify CD’s title alleging that the same was obtained through Fraud. CD’s defense is that he acquired his title in regular registration proceedings. He also set up a counterclaim praying that All’s title should instead be canceled since he is an absentee applicant. AB answered back that CD’s counterclaim amounts to a collateral attack on his title and should be dismissed. Decide [10%)
What is the rule in case of double sale of immovable property? [10%]
(a) What is the policy behind the prohibition against the sale of public lands acquired under the homestead and free patent provisions of the Public Land Act? [2%]
(b) AB was issued a flee patent in 1995; He sold one-half of the land to CD with the understanding that the salt shall not be effective until after 10 years. Is the sale valid? [4%] lf your answer is no, what are the sanctions if any? [4%]
(a) What is an innocent purchaser for value? [3%]
(b) Illustrate the principle that a forged deed may he the root of a valid title [7%]
From the Library of Ordo Luminis Legis, UST Law.
(a) The registration court adjudicates the land applied for to Pedro. The decision having become final, Pedro applies for a writ of possession. Against whom may the writ be issued? (4%)
(b) A writ of possession is served by the sheriff upon Jose, the occupant, but the latter refuses to vacate. Is Jose liable for contempt for non-compliance with the writ? (3%)
(c) Ten years after the finality of the judgment, Pedro applies for a writ of possession. Jose against whom the writ is served says the writ is not enforceable since it is already barred by prescription. Is Jose correct? (3%)
(a) May land already covered by a homestead patent be the subject of subsequent cadastral proceedings? (4%)
(b) On August 5, 2002, Pedro obtained a homestead patent for land covering 1000 square meters. Pedro sold 1/2 of the land to Jose under a deed of absolute sale dated August 5, 2003 but it was stipulated that the sale shall not take effect until August 6, 2007. Is the sale valid? (3%)
(c) If only a portion of the homestead is sold within the prohibitory period, can the government file an action for the reversion of the whole lot to the State? (3%)
(a) What is the evidentiary value of a certificate of title? (5%)
(b) The registration court issues an order for the issuance of a decree in favor of Pedro. The LRA refuses to issue the decree since, upon verification the land had already been titled in the name of Jose. Can Pedro compel the LRA to issue the decree in his name on the ground that the duty of the LRA is ministerial? (5%)
(a) Pedro lost his title and other papers when he was held UP in a bus. Meantime, Pedro went to the US and spent sometime with his family there. When he returned to the country he found out that his land was already occupied by Jose with his house and other improvements thereon. Pedro wants to eject Jose but he no longer has his title as proof of ownership. Pedro seeks your advice. What will you tell him? (5%)
(b) In the event a court action is filed by Pedro against Jose, can Jose set up the defense that he has already acquired ownership of the land through acquisitive prescription? (5%)
(a) Pedro files an action for ejectment against Jose and attaches to his complaint a copy of his title as proof of ownership. Jose’s defense is that Pedro’s title was obtained through fraud and hence Pedro has no cause of action against him. Is Jose’s defense valid? (5%)
(b) In the same case, Jose also alleges, as additional defense, that Pedro cannot sue without being joined by his wife because the property, according to him, is “conjugal” as shown by the fact that the title is in the name of Pedro, married to Maria.” Is Jose correct? (5%)
(a) What are the requisites for the review of a decree? (5%)
(b) Cite five (5) specific instances of extrinsic fraud as a ground for the review of a decree (5%)
(a) Pedro is in actual possession of land and has for a long time been exercising acts of ownership thereon. He discovers later that the land was already titled in the name of Jose in 1990. Pedro files an action for reconveyance alleging that Jose’s title was obtained through fraud. Jose retorts that Pedro’s action is already barred by prescription and should be dismissed outright. Is Jose correct? (5%)
(b) Pedro files an action for reconveyance against Jose. Jose alleges that reconveyance is no longer proper since he (Jose) had already sold the land to Juan who, in turn, had sold it to Mario. What is the remedy of Pedro if any? (5%)
(a) In what instances may a contract con pacto de retro be presumed to be an equitable mortgage? (5%)
(b) Where the mortgagor defaults in the payment of his obligation, what are the options open to the mortgagee? (2%)
(c) What shall the purchaser at a foreclosure sale do so that he may be placed in possession of the property mortgaged (3%)
(a) Pedro sells land to Jose who obtained a transfer Certificate of title for the land. In an action filed by Juan, as the true owner, Jose’s title is cancelled since Pedro, the vendor, is proven to be a mere impostor. Can Jose claim damages against the Assurance Fund? (5%)
(b) Explain and illustrate the principle that “a forged deed may be the root of a valid title.” (5%)
(a) What is the purpose of an adverse claim? (2%)
(b) When may a claim or interest be registered as an adverse claim? (3%)
(c) What is the purpose of a notice of lis pendens? (2%)
(d) In what cased is the notice of lis pendens proper? (3%)
From the Library of Carillo and Tapales of Antipolo City.
1.
AB filed his answer in a cadastral proceeding claiming private ownership of Lot. I. However, the court declared the lot as public land. Can AB subsequently file an application for judicial confirmation of title for the same land? [10%]
2.
In a registration case, the OSG requested the Provincial Prosecutor to represent it during the trial. The court granted the application for registration.
(a) On what grounds may the government file a motion for reconsideration? [7%] (b) Within what period may the government file the motion? [3%]
3.
AB is an applicant for registration. As present possessor, CD files his opposition. The court renders judgment in favor of AB, which becomes final.
(a) What is the remedy of AB in case CD refuses to vacate? (5%]
(b) In case CD refuses to comply with the order to vacate, can he be cited for contempt? [5%)
4.
(a) What are the contents of a decree of registration? [5%]
(b) What are the essential requisites for the review of a decree? [5%]
5.
Explain. Registration does not vest title [10%]
6.
AB is the registered owner of land. In 1993, he migrated to the US and obtained a green card. When he came back to the Philippines in 2003, he found CD occupying the land with his house thereon, claiming ownership thereof on the basis of possession.
(a) As counsel to AB what action will you take against CD? [5%]
(b) As counsel for CD, how would you respond to the action of AB? [5%]
7.
AB filed a complaint to nullify CD’s title alleging that the same was obtained through Fraud. CD’s defense is that he acquired his title in regular registration proceedings. He also set up a counterclaim praying that All’s title should instead be canceled since he is an absentee applicant. AB answered back that CD’s counterclaim amounts to a collateral attack on his title and should be dismissed. Decide [10%)
8.
What is the rule in case of double sale of immovable property? [10%]
9.
(a) What is the policy behind the prohibition against the sale of public lands acquired under the homestead and free patent provisions of the Public Land Act? [2%]
(b) AB was issued a flee patent in 1995; He sold one-half of the land to CD with the understanding that the salt shall not be effective until after 10 years. Is the sale valid? [4%] lf your answer is no, what are the sanctions if any? [4%]
10.
(a) What is an innocent purchaser for value? [3%]
(b) Illustrate the principle that a forged deed may he the root of a valid title [7%]
GOOD LUCK!
From the Library of Ordo Luminis Legis, UST Law.
1.
(a) The registration court adjudicates the land applied for to Pedro. The decision having become final, Pedro applies for a writ of possession. Against whom may the writ be issued? (4%)
(b) A writ of possession is served by the sheriff upon Jose, the occupant, but the latter refuses to vacate. Is Jose liable for contempt for non-compliance with the writ? (3%)
(c) Ten years after the finality of the judgment, Pedro applies for a writ of possession. Jose against whom the writ is served says the writ is not enforceable since it is already barred by prescription. Is Jose correct? (3%)
2.
(a) May land already covered by a homestead patent be the subject of subsequent cadastral proceedings? (4%)
(b) On August 5, 2002, Pedro obtained a homestead patent for land covering 1000 square meters. Pedro sold 1/2 of the land to Jose under a deed of absolute sale dated August 5, 2003 but it was stipulated that the sale shall not take effect until August 6, 2007. Is the sale valid? (3%)
(c) If only a portion of the homestead is sold within the prohibitory period, can the government file an action for the reversion of the whole lot to the State? (3%)
3.
(a) What is the evidentiary value of a certificate of title? (5%)
(b) The registration court issues an order for the issuance of a decree in favor of Pedro. The LRA refuses to issue the decree since, upon verification the land had already been titled in the name of Jose. Can Pedro compel the LRA to issue the decree in his name on the ground that the duty of the LRA is ministerial? (5%)
4.
(a) Pedro lost his title and other papers when he was held UP in a bus. Meantime, Pedro went to the US and spent sometime with his family there. When he returned to the country he found out that his land was already occupied by Jose with his house and other improvements thereon. Pedro wants to eject Jose but he no longer has his title as proof of ownership. Pedro seeks your advice. What will you tell him? (5%)
(b) In the event a court action is filed by Pedro against Jose, can Jose set up the defense that he has already acquired ownership of the land through acquisitive prescription? (5%)
5.
(a) Pedro files an action for ejectment against Jose and attaches to his complaint a copy of his title as proof of ownership. Jose’s defense is that Pedro’s title was obtained through fraud and hence Pedro has no cause of action against him. Is Jose’s defense valid? (5%)
(b) In the same case, Jose also alleges, as additional defense, that Pedro cannot sue without being joined by his wife because the property, according to him, is “conjugal” as shown by the fact that the title is in the name of Pedro, married to Maria.” Is Jose correct? (5%)
6.
(a) What are the requisites for the review of a decree? (5%)
(b) Cite five (5) specific instances of extrinsic fraud as a ground for the review of a decree (5%)
7.
(a) Pedro is in actual possession of land and has for a long time been exercising acts of ownership thereon. He discovers later that the land was already titled in the name of Jose in 1990. Pedro files an action for reconveyance alleging that Jose’s title was obtained through fraud. Jose retorts that Pedro’s action is already barred by prescription and should be dismissed outright. Is Jose correct? (5%)
(b) Pedro files an action for reconveyance against Jose. Jose alleges that reconveyance is no longer proper since he (Jose) had already sold the land to Juan who, in turn, had sold it to Mario. What is the remedy of Pedro if any? (5%)
8.
(a) In what instances may a contract con pacto de retro be presumed to be an equitable mortgage? (5%)
(b) Where the mortgagor defaults in the payment of his obligation, what are the options open to the mortgagee? (2%)
(c) What shall the purchaser at a foreclosure sale do so that he may be placed in possession of the property mortgaged (3%)
9.
(a) Pedro sells land to Jose who obtained a transfer Certificate of title for the land. In an action filed by Juan, as the true owner, Jose’s title is cancelled since Pedro, the vendor, is proven to be a mere impostor. Can Jose claim damages against the Assurance Fund? (5%)
(b) Explain and illustrate the principle that “a forged deed may be the root of a valid title.” (5%)
10.
(a) What is the purpose of an adverse claim? (2%)
(b) When may a claim or interest be registered as an adverse claim? (3%)
(c) What is the purpose of a notice of lis pendens? (2%)
(d) In what cased is the notice of lis pendens proper? (3%)
GOOD LUCK!
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