For September 21, 2019 up to 400

1. Can the cadastral court order the amendment of the official plan so
as to make it include land not previously included therein? Explain.[1]

2. Is there a difference in its efficacy a title issued by virtue of a judicial

decree from that of a free patent?[2] Expain.

3. What is special patent?[3] Special Patent is a patent issued to grant , cede and
convey in full ownership alienable and disposable lands of the government upon
promulgation of a special law or act of Congress or a proclamation by the President of
the Republic, authorizing the Secretary of Environment and Natural Resources to issue
such patent.

4. What is the operative act to convey title to the land?[4]

5. After the DENR issued the original certificate of title to Allan in 2017,
Lilia challenged the title and alleged that the land already belonged to
her since 1990. The DENR conducted an investigation to determine
whether or not fraud was committed. Allan objected and argued that
because he already caused the registration of the title to the ROD, the
DENR has no more jurisdiction. Was allan correct?[5] Explain.

6. Defendants are the owners of a parcel of land described in their OCT

No. 333 which was issued through ordinary land registration
proceedings. Subsequently, in a cadastral proceeding, plaintiff claimed
to be the owner of a large tract of land, which included the area titled
in the name of the defendants. Can the land of defendants be the
subject of adjudication anew? Explain.[6]
7. Explain the rationale for the rule enunciated in the previous
question and its answer.[7]

8. Is the rule applicable to public lands titled on the basis of patents

issued under the Public Land Act? Explain.[8]

9. What is the extent of the jurisdiction of the cadastral court over

lands already registered? Explain.[9]

10. After the issuance of an OCT in a cadastral case in favor of two

co-owners, could any one of them ask for the subdivision of the lot in
the same cadastral case, or should he bring a separate action for
partition? Explain.[10]
 11. Does the court have the jurisdiction to order the amendment of
the decree of registration and the certificate of title five years after the
issuance thereof, the amendment consisting of the inclusion of co-heirs
as co-owners of the registered property and their existing mortgage
liens, with the consent of the original registered owner but against the
opposition of the mortgage creditor? Explain.[11]

12. Is a decision of the cadastral court declaring land as public land a bar
to a subsequent action for confirmation of title over the same land?
Explain.[12] NEW TITLES MAY BE ISSUED FOR PRIVATE LANDS WITHIN THE CADASTRAL
SURVEY A DECISION DECLARING LAND TO BE PUBLIC LAND NOT A BAR TO ANY
SUBSEQUENT ACTION FOR CONFIRMATION OF TITLE

13. The cadastral court adjudicated the lots in question to the

defendants, and a Torrens title was issued pursuant to the decision.
Subsequently, plaintiffs filed a petition for review of the registration
decree on the ground of fraud. The cadastral court denied the petition.
No appeal was taken from this order. Instead, plaintiffs sued the
registered owners and asked for reconveyance upon the same ground
of fraud as in their petition for review. Has res judicata set in?
Explain.[13]

14. What is a certificate of title?[14] A certificate of title is a document

that identifies the owner or owners of personal or real property. A certificate
of title provides documentary evidence of the right of ownership mainly for
real estate.

15. Cite the provision governing the preparation of decree and

certificate of title.[15]

16. What is the importance and probative value of a Torrens

certificate of title? Explain.[16]

17. Is possession of a Torrens certificate of title conclusive as to the

holder's ownership of the property described therein? Explain.[17]
It is conclusive evidence with respect to the ownership of the land described therein.
It is also settled that the titleholder is entitled to all the attributes of ownership of the
property, including possession.

18. Is the principle of indefeasibility applicable to a certificate of title

issued pursuant to a public land patent? Explain.[18]
19. What is the rule where two or more certificate cover the same
land? Explain.[19] WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE EARLIER IN DATE
PREVAILS ENTRY OF Original Certificate Of Title

20. What is the duty of the Register of Deeds with respect to the
registration of the original certificate of title? Explain.[20]

21. What is the duty of the ROD with respect to the owner's
duplicate certificate of title? Explain.[21]
Shall be delivered to the registered owner or his duly authorized representative
> If 2 or more persons are registered owners, one owner’s duplicate may be issued
for the whole land
> If the 2 co-owners desire, a separate duplicate may be issued to each of them in like
form but all outstanding certificates so issued shall be surrendered whenever the RD
shall register any subsequent voluntary transaction affecting the whole land or part
thereof or any interest therein
22. Distinguish the original certificate of title from the transfer
certificate of title.[22]

23. What are the contents of a certificate of title?[23]

24. What is the presumption with respect to property acquired

during the lifetime of the husband and wife? Explain.[24] in the absence
of marriage settlements, it is presumed CPG if the marriage was
celebrated after the effectivity of FamCode.

25. Where property is registered in the name of “Marcosa Rivera,

married to Rafael Litam,” what is the character of the property,
conjugal or paraphernal? Explain.[25] Conjugal

26. May the wife bind the conjugal assets without a special
authorization from the husband? Explain.[26] No, where the assest is
conjugal, one cannot bind with the consent of the other.

27. The subject properties when mortgaged to the PNB were

registered in the name of Donita Montemayor, widow. Relying on the
Torrens certificate of title covering said properties, the mortgage loan
application of Donata Montemayor were granted by the PNB and the
mortgages were duly constituted and registered in the ROD. Meantime,
Pragmacio Vitug and Maxima Vitug filed an action for partition and
reconveyance with damages in the CFI of Pampanga against Marcelo
Mendiola, special administrator of the intestate estate of Donata
Montemayor who died earlier, and others. How are the rights of PNB,
as mortgagee, affected by such action? Explain.[27]

28. Respondents, the heirs of spouses Adriano Leis and Gertrudes

isidro, filed an action seeking the nullification of the contract of
sale con pacto de retro over a lot executed by Gertrudes Isidro in favor
of petitioner Alexander Cruz, as well as the title subsequently issued
in the name of the latter. Respondents claimed, among others, that
the property subject of the sale was conjugal, having been acquired
during the marriage of Adriano and Gertrudes, and, consequently, its
sale without the knowledge and consent of respondents was in
derogation of their rights as heirs. The trial court and the CA ruled that
since the property was acquired during the marriage of Gertrudes and
Adriano, the same was presumed to be conjugal property, hence,
Gertrudes could only dispose of her share in the property.
Nevertheless, the title in the name of Gertrudes was ordered reinstated
and the new title of Alexander as vendee cancelled for failure of the
latter to comply with the provisions of Article 1697 of the Civil Code on
consolidation of title. On appeal to the SC, petitioner argued that the
subject property is not conjugal but is owned exclusively by Gertrudes,
who was described in the TCT No. 43000 as a widow, and for failure of
Gertrudes to repurchase the property, ownership thereof was
consolidated in his name under TCT No. 130584 which cancelled
Gertrudes' TCT No. 43100. Will the petitioner's contention prosper?
Explain.[28]

29. In a regime of co-ownership, may a co-owner alienate the

portion belonging to him? Explain.[29] Each co-owner shall have the
full ownership of his part and of the fruits and benefits pertaining thereto, and
he may therefore alienate, assign or mortgage it, and even substitute another person
in its enjoyment, except when personal rights are involved

30. Land is owned in common by four brothers, A, B, C and D. The

land was sold by D to X. the other three brothers demanded that the
contract be declared null, and that the land sold be returned to them.
Will the annulment of the sale prosper? Explain.[30] NO explain29

31. What is a lien?[31] a right to keep possession of property belonging to

another person until a debt owed by that person is discharged.

32. What is an encumbrance?[32] An encumbrance is a claim against

a property by a party that is not the owner. An encumbrance can impact
the transferability of the property and restrict its free use until the
encumbrance is lifted.
33. Give examples of encumbrances.[33] these include
mortgages, easements, and property tax liens, Encroachment lease lien
Restrictive Covenant

34. Delfin offered to sell his titled parcel of land with an area of
5,000 square meters to Danny. Danny agreed but because his money
was not enough, he asked Delfin that the balance be paid in one year’s
time. On May 6, 2004, they executed a contract to sell where Delfin
and Danny stipulated that the latter has paid P200,000 with a balance
of P100,000 to be paid in one year from the execution of the contract.
Danny then constructed his house which he fenced. Danny left for
another province and did not stay in his unfinished house. Danny failed
to pay as agreed upon, so Delfin sold the land to Fausto in the amount
of P400,000 and a deed of sale was executed on April 7, 2006. Fausto
forced open the gate and occupied the unfinished house of Danny.
After payment of legal fees, title of the land was transferred to Fausto
in October of 2006. Upon learning of the sale, Danny instituted an
action to annul the deed of sale to Fausto. Fausto on the other hand
countered that he was a buyer in good faith because at the time he
purchased the land, there was no annotation of encumbrance in the
title as reflected in the owner’s copy and in the ROD’s copy. Do you
think the action of Danny will prosper?[34] Explain. 2 points. Yes, there
was a pevious contract to sell between Delfin and Danny, hence, the
subsequent contract of sale between Delfin and Fausto is void.

35. Is a Torrens title issued on the basis of the free patents become
as indefeasible as one which was judicially secured?[35] A public
land patent, when registered in the corresponding Register of Deeds, is a
veritable Torrens title, and becomes as indefeasible upon the expiration of one year
from the date of issuance thereof

36. Gerry and warlito agreed that the former will sell to the latter a
residential lot located in Poblacion, Manticao, Misamis Oriental. On
November 5, 2006, Gerry signed a deed of sale that properly identified
the lot, however, said deed of sale was not notarized. On January 3,
2007, Warlito caused the registration of the unnotarized deed of sale.
The Register of deeds caused the registration and annotated in the title
of Gerry such a deed of sale. (a) Is an unnotarized deed of sale
valid?[36] Explain. 2 points. (b) Is an unnotarized deed of sale
registrable?[37] Explain. 2 points.

37. Dario, Quintin and Rogelio were brothers who inherited a parcel
of registerd land located in Katipunan, Quezon City. They co-owned
the land as the same was not yet partitioned even after the death of
their father and mother in 1997 and 2000, respectively. Because they
did not live in the land, they failed to notice that squatters occupied
slowly the land. In 2002, the Quezon City Government proclaimed the
area of their land as an Area for Priority Development under Pd Nos.
1517 and 2016, which prohibits the eviction of lawful tenants and
demoliton of their homes. In 2003, Dario, acting alone, instituted an
action, filed an action of ejectment against Cardo, Lagring, Manolo,
Samuel and Sidro, who squatted the land. (a) Is the case not
dismissible considering that only one of the real party-in-interest,
Dario, instituted the action without the participation of Quintin and
Rogelio?[38] Explain. 2 points. (b) Will the case prosper considering that
the Quezon City Government has already identified the area as Area
for Priority Development under PD Nos. 1517 and 2016? [39] Explain. 2
points.

a)

b)

38. Rosa inherited a parcel of land located in Carmona, Cavite, from

her father Melanio (born 1918, died 1969), who also inherited such
land from his departed father, Celedonio (born 1888, died 1945).
Gregoria, misrepresented herself as one of the heirs of Celedonio,
applied for free patent to the land with the CENRO of Cavite. Free
patent was issued under OCT No. P-5482. In 1990. In 1993 Rosa filed
an application for ordinary land registration in the RTC but Gregoria
opposed the application arguing that the land is already titled in her
name since 1990. With this, Rosa filed a petition for the cancellation
and declaration of nullity of Gregoria’s title. In her answer, Gregoria
argued that her title is already indefeasible considering that the
petition was filed only after three years from the issuance of her title.
Gregoria furhter argued that Rosa’s action must be dismissed outright
because Rosa did not implead the director of lands as defendant. Do
you think the action of Rosa will prosper?[40] Explain. 2 points.

39. In 1970 Dionesia sold her five-hectare titled land located

Panitan, Capiz, with a right to repurchase to Gumersindo, in the
amount of P50,000. In their agreement, Dionesia may repurchase the
land within four years. Dionesia failed to repurchase. In 1983 Dionesia
paid the taxes due on the land from 1970, after which she filed an
action to recover possession of the land. She alleged that she remained
the owner of the land as evidenced by the payment of real property
taxes and that she did not execute a final deed of sale. She further
alleged that the price of the pacto de retro sale was inadequate, hence,
it should be viewed as an equitable mortgage. Do you think the action
of Dionesia will prosper?[41] Explain. 2 points.

40. Boracay Island in the Municipality of Malay, Aklan, with its

powdery white sand beaches and warm crystalline waters, is reputedly
a premier Philippine tourist destination. The Island is also home to
12,003 inhabitants who live in the bone-shaped island’s
three brangays. On April 1976, the DENR approved he National
Reservation Survey of Boracay Island, which identififed several lots as
occupied or claimed by named persons. On November 10, 1978, the
President Ferdinand Marcos issued Procalamation No. 1801 declaraing
Boracay Island, among other islands, caves and peninsulas in the
Philippines, as tourist zones and marine reserve under the
administration of the Philippine Tourism Authority (PTA). President
Marcos later approved the issuance of PTA Circular 3-82 dated
September 3, 1982, to implement Proclamation 1801. The occupants
of Boracay, led by Mayor Jose S. Yap, filed a petition for declaratory
relief in the RTC of Kalibo, Aklan, praying for the ruling as wether or
not Proclamation 1801 and PTA Circular 3-82 were obstacles for them
to obtain titles to the lands they occupied. RTC, in its decision, held
that “WHEREFORE, in vies of the foregoing, the Court declares that
Proclamation No. 1801 and PTA Circular No. 3-82 pose no legal
obstacle to the petitioners and those similarly situated to acquire title
to their lands in Boracay, in accordance with the applicable laws and
in the manner prescribed therein; and to have their lands surveyed
and approved by respondent Regional Technical Director of Lands as
the approved survey does not in itself constitute a title to the land.”
Was the RTC correct in its ruling?[42] Explain. 2 points.

41. The City Government of Cebu expropriated in 1948 Lot 899-D

which was then owned by Galieo for the purpose of constructing a
street. The title of Galileo was cancelled and a TCT was issued to the
City Government of Cebu. Not all portions of the lot was used for a
street. An area of 130 square meters was left unused and remained
vacant. In 1989, upon the representation of the Natividad, heir of
Galileo, the City Government of Cebu, through its Sangguniang
Panglungsod, adopted Resolution No. 2345 approving the
reconveyance of an area of 130 square meters of Lot 899-D to the
heirs of Galileo, represented by Natividad. In the same year, Mayor
Osmeña executed a deed of sale covering the 130 sqaure meters in
favor of Natividad and the other heirs of Galieleo. Was the Cebu City
Government correct in reconveying the 130 square meters of unused
expropriated land to its former owner or heirs?[43] Explain. 2 points.
42. Isadora owned Lot 12753 in Tanauan, Batangas. Before they
bought the property, Isabel and her siblings inquired and learned from
the Assessor’s Office and people in the area that Isadora had
registered the property in her name in 1930. On October 3, 2002,
Isabel and her siblings bought the property from the heirs of Isadora
for P100,000.00. On June 9, 2003, Isabel and her siblings partitioned
the property with 23,962 square meters alloted to Isabel, who took
possession of the property through a hired overseer. She had the
property surveyed, declared for taxation purposes, and paid taxes
thereon. Isabel then filed with the MTCC of Tanauan an application for
registration of the 23,962-square-meter lot. The Republic of the
Philippines represented by the Director of Lands, through the Solicitor
General, opposed the application on the ground that Lot No. 12753-C
is a portion of the public domain and that neither Isabel nor her
predecessor-in-interest had been in open, continuous, exclusive and
notorious possession or occupation thereof since June 12, 1945 or prior
thereto. The jurisdictional requirements having been fulfilled, the trial
court issued on August 5, 2004 an order of general default. Aside from
the Republic, no one filed an answer within the reglementary period.
On August 18, 2004, the trial court decreed the registration of Lot
12753-C in the name of Isabel. The Republic appealed on the ground
that Isabel had not proven that the lot is within the alienable and
disposable land of the public domain. The CA affirmed the RTC which
earlier affirmed the decision of the trial court. Do you think the CA was
correct in affirming the decision of the trial court?[44] Explain.

43. Is a person required to go behind the registry to determine the

condition of the property?[45]

44. Assume that a public highway has been included in a certificate

of title, is the holder of said certificate entitled to recover the value
thereof in the event the land is taken or appropriated by the city
government? Explain.[46]

45. Is it necessary to register a tax lien?[47] It is not necessary to register

a tax lien because it is automatically registered, once the tax accrues, by virtue of
Section 39 of Act No. 496. But there is no provision of law to the effect that the sale
of registered land to foreclose a tax lien need not be registered.

46. Allan presents a petition for the registration of a certain parcel

of land. Bel opposes the registration of a part of said parcel. The
opposition is overruled and all of the parcel of land is decreed to be
registered in the name of Allan. May Bel thereafter, not having made
any claims to buildings and improvements during the proceedings,
claim said buildings and improvements as his property, or prevent the
decreed owner, Allan, from removing or destroying the same?
Explain.[48]

47. May a certificate of title be the subject of collateral attack?

Explain.[49] A certificate of title cannot be subject to collateral attack, and can be
altered, modified or cancelled only in a direct proceeding in accordance with law. Having
obtained a valid title over the subject lot, Renato is entitled to protection against
indirect attacks on the title

48. Distinguish between a direct attack and a collateral attack on

the title.[50] A collateral attack refers to when a separate and new lawsuit is filed to
challenge some aspect of an earlier and separate case when an obvious injustice or
unconstitutional treatment occurred in the earlier case. Direct attack is a method used
by an appellant to set aside or correct an award in a proceeding instituted for that
purpose. A direct attack is used to annul, reverse, vacate, correct or to declare void a
judgment or an award. Direct attack is made in a manner prescribed by law.

49. Plaintiff Natalia Realty Corporation filed against defendants five

civil cases alleging that the latter unlawfully occupied portions of the
parcels of land registered in its name under TCT Nos. 31527 and
31528. It prayed that defendants be declared without valid right
whatsoever in Plaintiff”s land and that they be ordered to vacate the
same and to pay the reasonable compensation for their occupation.
Defendants sought the dismissal of the complaints for ejectment on
the ground of lack of jurisdiction, relying on two grounds: the alleged
invalidity of the title of the plaintiff and their supposed acquisition of
the properties by adverse possession. Are the Defendants' theses
valid? Explain.[51]

50. Respondent Evelyn is the owner of a 65-square meter

residential lot in Paco, manila, as evidenced by a deed of sale executed
by the City of Manila in her favor and the TCT No. 197603 was issued
to her by the ROD. Evelyn sought to evict petitioner Ruben from the
subject property citing, among others, the need to repossess the
property for her owne personal use. Ruben claims to be the prior lawful
possessor of the subject property as assignee of the “Assignment of
Real Estate Mortgage” executed by Presentacion in his favor. He
further argues that respondent is not the lawful owner of the lot and
residential house in question because the deed of sale executed by the
City of Manila and the TCT No. 197603 issued to her are all falsified.
Are the arguments of Ruben correct? Explain.[52]
 51. Plaintiffs filed a complaint against defendant for quieting of title
and damages. They alleged that upon their return from the US, they
found that the property in question was occupied and cultivated by the
tennants of defendant who could not produce any document
evidencing defendant's ownership. In his answer, defendant averred,
by way of affirmative defense, that the lots in question were portions
of a parcel of land owned by Calizto which were eventually sold to him
through a series of intermediary transfers. He interposed a
counterclaim that Gregorio, Plaintiffs' predecessor, obtained his title to
the property through fraud. Defendant prayed that the complaint be
dismissed, that he be declared the owner of the property, and that the
title of Gregorio be cancelled. Plaintiffs countered that defendant's
counterclaim constituted a collateral attack on the title of Gregorio and
the titles emanating therefrom. Are Plaintiffs correct? Explain. [53]

52. In case for recovery of possession based on ownership, is a

third-party complaint to nullify the title of the third party-defendant
considered a direct attack on the title? Explain.[54]

53. Is a form essential for the validity of a contract? Explain.[55]

As long as an agreement satisfies all of the aforesaid three elements, then there exists
a valid contract regardless of whether or not it is in writing.

54. When the law requires that a contract be in some form in order
that it may be valid or enforceable, is the requirement absolute?
Explain.[56]

55. What contracts must appear in a public document?[57]

The following must appear in a public document:


(1) acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights
over immovable property; sales of real property or of an interest therein are governed by Articles 1403, No. 2, and 1405;


(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;


(3) The power to administer property, or any other power which has for its object an act appearing or which should appear
in a public document, or should prejudice a third person;


(4) The cession of actions or rights proceeding from an act appearing in a public document.
 All other contracts where the
amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or
things in action are governed by Articles, 1403, No. 2 and 1405. (1280a
 56. Is the sale of realty even if not complete in form valid?
Explain.[58]

57. When is a contract deemed perfected?[59] Art 1315. Contracts are perfected
by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been
expressly stipulated but also to all the consequences which, according to their nature, may be in keeping
with good faith, usage and law.

58. Distinguish between a contract of sale and a contract to sell.[60]

A Contract of Sale is an agreement between a buyer and a seller whereby the
seller agrees to give or deliver something to the buyer for a certain price which
the buyer agrees to pay. In contracts like this, when the buyer pays and the
seller delivers, the transfer of ownership is also done at the same time.
A Contract to Sell is an agreement between a buyer and a seller whereby the
seller promises to sell something to the buyer and the buyer promises to buy
it. But generally, in this kind of contract, the ownership of the subject “thing”
is not transferred to the buyer upon the signing of the contract. There are
usually conditions to be complied with by one or both of the parties. And the
transfer of ownership will only happen when those conditions are met.

59. Explain delivery as a mode of transmission of ownership.[61]

60. The law provides that the ownership of the thing sold is acquired
by the vendee from the moment it is delivered to him in any of the
ways specified in Articles 1497 to 1501 of the Civil Code. What are the
modes of delivery?[62] Kinds of Delivery:a)Actual delivery (or tradition)- where
physically,the property changes hands.b)Constructive delivery- that where the physical transfer
is implied.a.Traditio simbolica (symbolical tradition)b.Traditio longa manu (delivery by mere
consent or the pointing out of an object)c.Traditio brevi manu (delivery by the short hand; that
kind of delivery whereby a possessor of a thing not as an owner, becomes the possessor as an
owner)d.Traditio constitutum possessorium (the opposite of brevi manu; thus, the delivery
whereby a possessor of a thing as an owner, retains possession no longer as an owner, but insome
other capacity)e.Traditio by the execution of legal forms and solemnities)
61. Describe the duty of the ROD to register instruments dealing
with registered property.[63]

62. Is payment of taxes a prerequisite to registration?[64]

63. What is the effect of registration of instruments dealing with

registered land? Explain.[65]

64. What is the purpose of registration?[66] 1. To quiet the title to land

2. To put a stop forever to any question of legality of the title, except claims which were
noted at the time of registration, in the certificate, or which may arise subsequent
thereto

65. Is registration necessary to bind the parties to a contract?

Explain.[67] no, as long as the essential requisites are present even
without registration the parties are binded to a contract.

66. Between two transactions concerning the same parcel of land,

which prevails, the registered transaction or the earlier unregistered
right? Explain. [68] the registered transaction.

67. What is meant by the “rule of notice”?[69]

68. Is actual notice equivalent to registration?[70]

69. Where registered land is sold to another who has knowledge of

a prior existing but unregistered lease, is he bound by the lease on the
property? Explain.[71]
70. What precautionary measures should a bank take before
accepting a mortgage?[72]

71. Is it required of a purchaser to go beyond the four corners of

the title before purchasing the property? Explain.[73]

72. Can a purchaser who has knowledge of the defect of his

vendor's title claim good faith? Explain.[74]

73. Cite circumstances which should impel a purchaser to make

inquiries before buying property.[75]

74. P entrusted the original owner's copy of his certificate of title to

S, a distant relative, for the purpose of securing a mortgage loan.
Without P's knowledge and consent, S mortgaged the property covered
by the title to J. P denounced his signature on the deed as a forgery.
He sued J for the return of his title but this was ignored. Judgment was
rendered in favor of J. The issue raised on appeal is: is J a mortgagee
in good faith and for value? Explain.[76]

75. The Spouses Abundio Madrid and Rosalinda Yu, owners of a

residential lot, and seeking a building construction loan from the
Rehabilation Finance Corporation (RFC), entrusted their certificate of
title to Rosalinda's grandmother, Carmencita de Jesus, who had
offered to expedite the approval of the loan. Later, having obtained a
loan from another source, the spouses decided to withdraw the
application they had filed with the RFC and asked Carmencita to
retrieve the title. It turned out, however, that through the machination
of Carmencita, the property had been mortgaged to Consuelo Joaquin
in a deed signed by two persons posing as the owners and that after
the said deed had been registered, the amount loaned was given to a
person who had passed herself off as Rosalinda Yu. Is Joaquin an
innocent mortgagee? Explain.[77]
76. The Lim spouses bought land with full knowledge of the previous
sale thereof to another and the notice of lis pendens annotated on the
vendor's title. Will the registration of the sale in their favor give them
preference over the land? Explain[78]

77. Distinguish between voluntary and involuntary registration.[79]

78. In case registered land is conveyed or “dealt with,” how is

registration accomplished?[80]

79. In case of refusal or failure of the holder to surrender his

owner's duplicate certificate of title, what is the remedy of the
interested party? Explain.[81]

80. Does the non-production of the owner's duplicate of the

certificate of title invalidate the vendee's claim of ownership?
Explain.[82]

81. At the time Petitioners purchased the properties from John

Legare, he was not yet the registered owner of the same but the
certificate of title of respondent Emilia E. De Legare was already in his
possession. Are petitioners innocent purchaser for value? Explain.[83]

82. Is it necessary to issue a new certificate on the basis of an

instrument which does not divest the ownership or title from the owner
or from the transferee of the registered owner? Explain.[84]
83. What is a primary entry book?[85]

84. When is a deed or other voluntary instrument deemed

registered? Explain.[86]

85. When is an involuntary transaction deemed registered?

Explain.[87]
86. Explain the procedure in the registration of conveyances.[88]

87. Explain how a conveyance involving only a portion of the land

is recorded.[89]

88. What is the duty of the ROD upon submission of the approved
plans showing the portions into which the land had been subdivided.[90]

89. Should existing encumbrances be carried over to succeeding

certificates?[91]

90. What is the essence of a mortgage?[92]

91. What is a real estate mortgage?[93]

92. What are the requisites of a mortgage?[94]

93. What are the characteristics of a mortgage?[95]

94. Define an equitable mortgage.[96]

95. When is a contract of sale with a right to repurchase presumed

to be an equitable mortgage?[97]

96. For the presumption of an equitable mortgage to arise, what

requisites must be satisfied?[98]

97. Pet had no knowledge that the contract she signed is a deed of
sale. The contents of the same were not read nor explained to her. Pet
is illiterate and her condition constrained her to merely rely on the
assurances of Res that the contract only evidences her indebtedness
to the latter. Explain how these circumstances affect a contract
purporting to be a sale with pacto de retro entered into by Pet.[99]

98. When the terms of a pacto de retro sale are inconsistent with
the theory that it is a sale, will the registration thereof and issuance of
new certificate of title to the vendee a retro precludes the vendor a
retro from proving that the contract is really a loan with mortgage?
Explain.[100]

99. Explain the principle that a recorded mortgage is a right in

rem.[101]
100. What is the effect of a mortgage which is not recorded in the
Registry of Property as required by Article 2125 of the Civil Code?[102]

101. How can a mortgage or lease be discharged? Explain.[103]

102. What is the policy of the law on the matter of

redemption?Explain.[104]

103. What is meant by pactum commissorium?[105]