Property Homework Submitted by: Jennylyn C.

Mondejar

Questions:
1. What is the Cloud/alleged Cloud in the title?
2. Was it considered by the Supreme Court as such?

Cases:

1. Sapto v. Fabiana GR NO. L-11285 May 16, 1958

- The alleged cloud on the title or interest of the real property in this case is by reason
of record. When Fabiana bought the land to brothers Sapto, it was not registered but
she remained in possession over the land.

- YES. American jurisprudence dictates that actions to quiet title to property in the
possession of the plaintiff are imprescriptible. The action for conveyance was one to
quiet title, i.e., to remove the cloud cast upon appellee's ownership by the refusal of
the appellants to recognize the sale made by their predecessors. This action accrued
only when appellant, initiated their suit to recover the land in 1954.

2. Bucton v. Gabar GR NO. L-36359 Jan 31, 1974

- The alleged cloud on the title or interest of the real property in this case is by reason
of record and claim. Bucton and Gabar bought a parcel of land and agreed to divide
the land, however, after several years Gabar still did not heed to the request of Bucton.
Hence, Bucton filed an action for specific performance against Gabar. However, Gabar
contended that their action has already prescribed.

- NO. Even if the title of the case is for an action for specific performance, the allegation
in the complaint reveals that it is an action for quieting of title. Thus, it is imprescriptible.

3. Coronel v. IAC GR NO. 70191 Oct 29, 1987

- The alleged cloud on the title or interest of the real property in this case is by reason
of the instrument used. Here, there was a mistake in TCT issued to Mariano Manalo,
the predecessor-in-interest of Coronel, since it only owned the 2/3 portion of the lot
but the TCT includes the whole area of the land.

- NO. Instrument is apparently valid on its face but it is ineffective because only 2/3 of
the whole lot, in fact and in truth, belongs to Coronel. Instrument is prejudicial to the
equitable title of Merlan because if it is proven that the title of Coronel is valid, the
Merlans will be removed from the possession of the property. Hence, the action is
quieting of title.

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4. Fernandez v. CA GR NO. 83141 Sep 21, 1990

- The alleged cloud on the title or interest of the real property in this case is by reason
of the instrument used. Here, spouses Florentino and Vivencia Fernandez and
spouses Zenaida and Justiniano Fernandez purchased a parcel of land in common
and was named in the Register of Deeds to spouses Zenaida and Justiniano
Fernandez. Zenaida wanted the claim over the land but spouses Florentino and
Vivencia Fernandez opposed.

- YES. He who alleged must have a legal or equitable title or an interest over a real
property. The deed, claim, encumbrance, or proceeding claimed to be casting cloud
on title must be shown to be in fact invalid or inoperative. Here, it was proven that
spouses Florentino and Vivencia owned 1/3 portion of the property through a deed of
sale.

5. Mamadsual v. Moson GR NO. 92557 Sep 27, 1990

- The alleged cloud on the title or interest of the real property in this case is by reason
by reason of deed, claim, encumbrance, or proceeding. Spouses Mamadsual claims
to be in actual, continuous, and adverse possession since time immemorial of a
property when Spouses Macarapan appeared and claimed that they have a legal title
over the subject property by virtue of an Original Certificate of Title. Later, they started
constructing dikes.

- YES. It must be noted that the complainant has a legal title or equitable title to or
interest in the real property subject of the action and the deed, claim, encumbrance,
or proceeding claimed to be casting cloud on title must be shown to be in fact invalid
or inoperative despite its prima facie appearance of validity or legal efficacy. It must
also be noted that in an action for quieting a title rule is to wait until possession is
disturbed before complainants may take steps to vindicate their right.

6. Pingol v. CA GR NO. 102909 Sep 6, 1993

- The alleged cloud on the title or interest of the real property in this case is by reason
by reason of deed, claim, encumbrance, or proceeding.The alleged cloud on the title
or interest of the real property in this case is by reason by reason of deed, claim,
encumbrance, or proceeding.

- YES. Here although the action was denominated as one for specific performance, it is
considered as quieting of title. All the requisites for quieting of title are present.

7. Heirs of Olviga v. CA GR NO. 104813 Oct 21, 1993

- Jose Olviga obtained a registered title for said lot in a cadastral proceeding, in fraud.
Cornelio Glor and his family, who were the real and actual occupants of the land.
-

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- NO. The cloud in this case is the title in the name of Olviga. It is not only ineffective
but also invalid because it was acquired through fraud.

8. Secuya v. Vda. De Selma GR NO. 136021 Feb 22, 2000

- The alleged cloud on the title or interest of the real property in this case is by reason
of record and claim. Secuya is in possession of 1/3 of the lot allegedly owned by
Caballero for 37 years. She bought it from Sabellano evidenced by a private document
but did not register such sale. One Selma claimed ownership over the property
evidenced by a Deed of sale and registered title.

- NO. There was no transfer of Title between Caballero and Sabellano, thus there is no
transfer of title between Sabellano and Secuya. Without a valid title, Secuya cannot
file an action for quieting of title. Selma is the real owner

9. Metrobank v. Alejo GR NO. 141970 Sep 10, 2001

- The alleged cloud on the title or interest of the real property in this case is by reason
of record and claim. Spouses Acampado obtained two loans from Metrobank and
executed a Real Estate Mortgage over a parcel of land. After having failed to pay,
Metrobank foreclosed said land but only to find out said TCT was declared null and
void by the RTC.

- NO. Quieting of title is filed only when there is a cloud on title to real property or any
interest therein by reason of any proceeding, records, instrument, claim, or
encumbrance (PRICE). It is defined that a cloud on title is defined as a semblance of
title which appears in some legal form but which is in fact unfounded. Here, the
judgment cannot be considered a cloud on Metrobank’s title over the real property
because it does not have a semblance of being a title.

10. Portic v. Cristobal GR NO. 156171 Apr 22, 2005

- The alleged cloud on the title or interest of the real property in this case is by reason
of record and claim. Portic claimed title to the property when it has been sold to
Cristobal and the title has been transferred to Cristobal.

- YES. Deed of Absolute Sale, if still unpaid and the property has been delivered,
ownership is automatically transferred to the buyer. But if the document entered into
is MOA where it states that “Ownership is not transferred to the buyer until full payment
is made,” that is in a nature of a contract to sell.

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11. Calacala v. RP GR NO. 154415 Jul 28, 2005

- The alleged cloud on the title or interest of the real property in this case is by reason
of record and claim. To secure the provisional release of an accused in a criminal
case, the Spouses Calacala offered their parcel of land as a property bond in said
case. For failure of the accused to appear at his scheduled arraignment, the CFI
ordered the bond forfeited in favor of the government. However, despite the lapse of
19 years the Republic did not secure the necessary Certificate of Final Sale and Writ
of Possession and failed to execute an Affidavit of Consolidation of Ownership.

- NO. The remedy may be availed of only when, by reason of any instrument, record,
claim, encumbrance or proceeding, which appears valid but is, in fact, invalid,
ineffective, voidable or unenforceable, a cloud is thereby casts on the complainant’s
title to real property or any interest therein. Here, spouses Calacala lost whatever right
they had over land in question from the very moment they failed to redeem it during
the 1-year period of redemption and such sale made to the Republic has become
absolute.

12. Bank of Commerce v. San Pablo GR NO.167848 Apr 27, 2007

- The alleged cloud on the title or interest of the real property in this case is by reason
of record and claim.

- YES. All of the requisites for quieting of title are present.

13. Clado-Reyes v. Spouses Limpe GR NO. 163876 Jul 9, 2008

- The alleged cloud on the title or interest of the real property in this case is by reason
by reason of deed, claim, encumbrance, or proceeding. Reyes is occupying a parcel
of land, the disputed lot since 1945. Now, the Spouses Limpe claims ownership of the
said land and presented a TCT, tax declarations, and realty tax receipts and contends
that they are buyers in good faith.
- NO. Firstly, there was no cloud on the title to speak of. The Reyes’ were not able to
prove that they have any legal or equitable title over the disputed lot.

14. Philiville v. Bonifacio GR NO. 167391 Jun 8, 2011

- The alleged cloud on the title or interest of the real property in this case is by reason
by reason of deed, claim, encumbrance, or proceeding.

- NO. Even if the four requisites are present, the fifth requisite is not present so the
action for quieting of title is not proper. The title here is not prejudicial because the said
title do not cover the same property.

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15. Heirs of Castillejos v. La Tondeña G.R. No. 190158 [July 20, 2016]

- The alleged cloud on the title or interest of the real property in this case is by reason
by reason of claim. La Tondeña Incorporada alleged that Liberato through stealth,
misrepresentation and deliberate fraud, maliciously executed an affidavit of ownership
over the subject property. On the other hand, Liberato claims that his land and the
subject properties claimed by La Tondeña are different from each other because they
have different boundaries.

- NO. An action to quiet title to property or to remove a cloud thereon is a remedy or

form of proceeding originating in equity jurisprudence. Here, the claim for overlapping
boundaries has not been clearly established