San Beda College (Alabang and Mendiola) LTD SY 2006-2007 Midterm Examination Judge Serrano 1.

. Enumerate the chronological steps in ordinary land registration proceedings. 2. Define and/or explain the following: a) Land Title b) Innocent Purchaser for value c) Constructive trust d) Actual fraud 3. What are the matters that should be proved by the applicant in an action for judicial confirmation of imperfect or incomplete title? 4. What are the 4 conditions required in filing a petition to reopen the decree of registration? 5. After the judgment in a land registration case has been rendered, the court had issued an order directing the Administrator of the Land Registration Authority to issue a decree of registration in the name of the prevailing party. In what instances may the Administrator legally refuse compliance with the order of the court? Explain your answer. 6. P delivered all documents of ownership over a piece of land to his friend for the purpose of registering the same in his name. However, A filed the application for registration in his own name on March 1, 2002. The Notice of initial hearing was published in the Official Gazette in its March 23, 2003 issue. No person filed an answer or opposition to the petition and an order of general default was issued. After presentation of evidence, judgment was rendered in favor of A on July 3, 2003 and nobody appealed the said decision. Following the court order, the LRA Administrator entered the decree of registration on September 1, 2003 and the certificate of title was issued in the name of A on September 15, 2003. On October 1, 2003, A sold the subject property to B. P discovered the sale of his land to B. P filed an action for cancellation of sale and As title on November 4, 2004. Will the said petition prosper or not? Explain your answer fully. 7. On January 5, 2004, S sold a parcel of land to B, who immediately took possession of the land. On February 14, 2004, S sold the same parcel of land to C who knew about the previos sale to B. With the owners duplicate certificate of title was issued in his name on June 5, 2004. On July 10, 2006, B filed an action for reconveyance against A and C. C filed his answer claiming that the complaint should be dismissed against him because he is presumed to be an innocent purchaser for value and B must prove otherwise. Is the contention of C correct or not? Explain your answer fully. 8. Jose had been in possession of a piece of land since 1935. He died on August 11, 1977 and his son, Yancy occupied the land. On April 3, 1990, Fred filed an application for registration covering the same parcel of land in the possession of Yancy but he did not include him in the petition as one of the occupant of said land. On July 16, 1990, Fred was able to secure a favorable judgment and the decree of registration was entered and issued on September 10. 1991. Fred sold the said property to Nicanor who obtained transfer certificate of title in his name on September 14, 1991. On October 20, 2001 Yancy filed an action for reconvetance against Fred and Nicanor, who filed a motion to dismiss the case based on prescription. Resolve the motion and explain your answer fully.

9. GOOD LUCK!

San Beda College (Alabang and Mendiola) LTD SY 2009-2010 FINAL EXAMINATION Judge Serrano I. Define and/or explain the following terms: (8%) 1) Reconstitution of original certificate of title 2) Notice of lis pendens 3) Adverse claim 4) Certificate of title

II. May a forged deed of conveyance be the root of a valid? Explain your answer fully. (8%) III. In what instances may the state file an action for reversion of land granted to a person? (8%) IV. A, claiming to be an agent of P, alleged that the latters owners duplicate certificate of title was his. A registered an affidavit of loss with the Register of Deeds. Then, A filed a petition for the replacement of Ps duplicate certificate of title. The court granted the petition and a replacement copy of the duplicate certificate of title was issued. All along, P is in possession of his owners duplicate cert ificate of title. A forged a deed of sale which he registered and he obtained a certificate of title in his name. Then, A sold the property to B, who secured a new TCT in his name. P filed an action to nullify the title to B. will the action of P prosper or not? Explain. (12%) V. M filed a civil action against P to recover possession of parcel of land which is covered by a TCT issued in the name of M. In his answer, P raised the defense that the title of M is null and void. Did P raise a valid defense to Ms complain? Explain your answer fully. (10%) VI. On January 22, 2004, Bob obtained a P10M loan from Len. On March 21, 2004, Bob sold his registered land to Sonny for P10M but the owners duplicate certificate of title was not delivered to Sonny. After the said loan remained unpaid at maturity, Len filed a collection suit against Bob. Sonny, who could not register the sale, also filed a suit against Bob for specific performance. Lena and Sonny filed separately their respective positions with the Register of Deeds to annotate the notices of lis pendens on the TCT of Bob. Two distinct notices of lis pendens were annotated on the certificate of title. Bob filed separate motions to cancel the notices of lis pendens. Resolve the two motions of Bob, with reasons. (12%) VII. In the suit filed by C against B, an order of attachment was issued and said lien was announced on Bs TCT on February 8, 2005. On June 20, 2006, a writ of execution was issued against B based on the final and executor judgment rendered in another case in favor of X. the same property attached by C levied on execution. In the execution sales held on August 30, 2007, X was adjudged as the purchaser. The Sheriffs Certificate of Sale in favor of X was registered. On June 10, 2008, C obtained a final and executor judgment in his case against B and in the auction sale of the land, B was declared as the highest bidder. Between B and X, who has a prior right over the land? Explain. (12%) VIII. Mar constituted a real mortgage on his land in order to secure payment of his loan to Leo was not registered. Wesley filed an action for damages against Mar based on fraud. The court granted Wesleys application for a writ of attachment against Mar and the attachment lien was annotated on the certificate of title covering the land mortgaged by Mar to Leo. Before he filed the case, Wesley learned from his friend that an unregistered mortgage on the same property was made by Mar in favor of Leo. Since he registered his attachment lien, Wesley claims preferential right over the property as against Leo who did not register the mortgage. Decide the case with reasons. (10%)

IX. Vic gave his owners duplicate certificate of title to Fred for safekeeping. Fred forged Vics signature in a Deed of Sale. Registering said deed of sale, together wi th Vics owners duplicate certificate of title, a new TCT was

issued in the name of Fred. Possession of the land remained with Vic. The property then was then sold by Fred to Greg who obtained a new TCT in his name. Vic discovered the forgery and filed an action against Greg. Will the action prosper or not? Explain. (10%)

X. Before migrating to the U.S.A., Ted and Ann entrusted to Atty. Luis all their legal documents covering their land in Quezon City. Taking advantage of the couples absence, Atty. Luis for ged a deed of sale making it appear that he purchased said land from them. He caused the sale to be registered and a TCT was issued in his name in 2001. Atty. Luis sold the property to Brad in 2002 and Brad was issued a TCT in his name. Brad built an apartment complex in said property. Upon their return to the Philippines in 2005, Ted and Ann discovered the fraud committed by Atty. Luis and they filed and action for reconveyance against Brad. Will the action prosper or not? Explain. (10%)

XI. Good Luck!