Question B.11, Civil Law, 2019 Bar Exam

Mr. R is the registered owner of a parcel of land located in Cebu City covered by Transfer Certificate of Title (TCT) No. 1234 issued in 1955. Since his acquisition of the lot, Mr. R and his family had been in continuous, open, and peaceful possession thereof. Mr. R died in 1980, resulting in the land being transferred in the names of his heirs, i.e., A, B, and C, who became registered owners thereof as per TCT No. 5678. During the entire time, said land had never been encumbered or disposed, and that its possession always remained with them.

Sometime in 1999, A, B, and C wanted to build a concrete fence around the parcel of land, but they were opposed by Mrs. X, who started claiming ownership over the same property on the strength of a Deed of Absolute Sale purportedly entered into by her with Mr. R during the time that he was still alive. Aggrieved, A, B, and C intend to file a complaint for quieting of title against Mrs. X.

(a) What are the substantive requisites for the action to prosper? Do they obtain in this case? Explain. (3%)

(b) Within what period should A, B, and C file the complaint for quieting of title? Explain. (2%)

(c) Assuming that B and Care residing abroad, may A, without the knowledge of B and C, file the complaint for quieting of title on behalf of all the heirs? Explain. (2%)

Suggested Answer:

(a) First question:

The substantive requisites are:

1) The plaintiff or complainant has a legal or an equitable title to or interest in th...

 



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