Title II

OWNERSHIP

Chapter 3
QUIETING OF TITLE
(Arts. 476 - 481)

Article 476

 Whenever there is cloud on title to real property or any interest

therein
 By reason of any instrument
 Record
 Claim
 Encumbrance
 Or proceeding

 Which is apparently valid or effective

 But in truth and in fact invalid, ineffective,
voidable, or unenforceable
 May be prejudicial to said title

 Quieting of Title

- Actions to remove a cloud from the title to real estate shall be

brought in the province where the land is situated

- Is common-law remedy for the removal of any cloud upon or

doubt or uncertainty with respect to title to real property

- It purpose is to secure an adjudication that a claim of title to or an

interest in property, adverse to that of the complainant, is invalid,
so that the complainant and those claiming under him may be
forever afterward free from any danger of hostile claim.

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- Existence of the Cloud

a. Because of an instrument (deed or contract) or record

or claim or encumbrance or proceeding.

b. Which is apparently valid or effective,

c. But is, in truth and in fact, invalid, ineffective, voidable

or unenforceable, or extinguished (terminated) or
barred by extinctive prescription.

d. And may be prejudicial to the title.

 Important that the instrument, on its face is

valid, if it is not valid, the this does is not the
proper remedy

o Test of determining:

 Would the owner of the property in an action

at law brought by adverse party, and founded
upon the instrument or claim, be required to
offer evidence to defeat a recover?

 If proof is essential, the cloud exists; if proof

is not needed, no cloud is cast.

- Rights of a Property owner when disturbed, he may ask the court;

a. That their respective rights be determined

b. Not only to place things in their proper place, to

make the one who has no rights to said immovable
respect and not disturb the other

c. Also for the benefit of both

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 d. So that he who has the right would see every cloud
of doubt over the property dissipated

e. And he could afterwards without fear introduce the

improvements he may desire, to use and even to
abuse the property as he deems best

- Nature of the Action

 Proceeding in personam
 The result is not binding upon the whole world, it is
enforceable only against the defeated party or
privies
 It is technically quasi in rem, an action in personam
concerning real property

- Are personal properties referred to in the action to quiet title?

 No, because the law says real property

 But by analogy, same principles should apply to
personal property, particularly vessel, which
although movable, partake the nature of a real
property

- Some decides doctrines on existence of cloud

 Agent selling property of principal after the latter’s

death but antedated the same
 Contract is forged
 Contract by an incapacitated person
 Mortgage valid on its face and will cause prejudice
although in reality invalid

- Requisite in Bringing Action to Prevent Cloud

 There must be a fixed determination on the part of

the defendant to created a cloud and it is not
sufficient that the danger is merely speculative

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 - Does the action prescribed?

 If the plaintiff is in possession of the property

o Does not prescribe

o He has the continuing right to be given
aid by the court to ascertain and
determine the nature of such claim
and its effect on his title, or to assert
any superior equity in his favor

 If the plaintiff is NOT in possession

o It does prescribe
o The period of prescription is either 10
or 30 depending on ordinary or
extraordinary prescription
o Even if the action is brought within
the period of limitation, it may be
barred by LACHES, where there is no
excuse offered for the failure to assert
the title sooner

Article 477

 The plaintiff
 Must have legal or equitable title or interest in the real
property
 Which is the subject matter of the action

 Need not be in possession of said property

- Non-necessity of Possession

Plaintiff in possession Plaintiff not in possession

Period does not prescribed Period prescribed

Only right is to remove or Aside from being given the right

prevent cloud to remove or prevent cloud, he
may also bring the ordinary
actions of ejectment, publiciana
or reivindicatoria within the
proper prescriptive periods

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Article 478

 There also be an action to quiet title or remove cloud

 When the contract, instrument or other obligation has

been extinguished or terminated
 Has been barred by extinctive prescription

- Two actions where the action may be used

a. When the contract has ended,

b. When the action is barred by extinctive prescription

Article 479

 The plaintiff
 Must return to the defendant all benefits he may have
received from the latter

 Reimburse him for expenses that may have redounded

to the plaintiff’s benefit

- Duty of the plaintiff

 Based on equity
 He who comes to equity must do equity and because
the precise purpose of the action is merely to quiet
title and not to obtain some pecuniary benefits

Article 480

 Principles of the general law

 Adopted in so far as they are not in conflict

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 - Some principles:

a. Defenses:

 That the plaintiff does not have legal or equitable

title
 That the defendant has acquired the ownership by
adverse possession
 That the case has already been previously decided
between the parties on the same issue – res judicata
 That the defendant became the owner after the
action has been filed, but before he filed his answer
 That the action has prescribed, the plaintiff being
outside of possession.

b. Reliefs Given

 Unauthorized mortgages may be cancelled

 Counterclaim ask for quieting of title
 Injunction may be availed

Article 481

 Procedure of Quieting of Title

 Governed by the rules of Court

- The court is tasked to determine the respective rights of the
parties so that the complaint and those claiming under him may be
forever free from any danger of hostile claim

- When the Action to Quiet Title will not Proper

o If it is merely an action to settle a dispute concerning

boundaries
o If the case merely involves the proper interpretation and
meaning of a contract or document
o If the plaintiff has no title, either legal or equitable
o If the action has prescribed and the plaintiff is not in
possession of the property
o If the contract, instrument, is void on its face
o If it is a mere claim or assertion unless

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 Chapter 4
RUINOS BUILDINGS AND TREES IN DANGER OF FALLING
(Arts. 482 - 483)

Article 482

 If building, wall, column or any other construction is in danger of

falling

 The owner shall be obliged

o To demolish it
o To execute the necessary work in order to
prevent it from falling

 If the proprietor does not comply

 The administrative authorities

o May order the demolition of the structure
at the expense of the owner
o Take measures to insure public safety

Article 483

 Whenever a large tree threatens to fall

 In such a way to cause damage
 To the land or tenement of another
 Or to travelers over a public or private road

 The owner of the tree shall be obliged to

o Fell and remove it

 If would not do so
o It shall be done at his expense by
order of the administrative
authorities

 Governed by the rules of Court

- The court is tasked to determine the respective rights of the
parties so that the complaint and those claiming under him may be
forever free from any danger of hostile claim