Practice question
A non-negligent registered owner’s land passes through a usurper to a registered innocent purchaser for value in 2012. The owner actually learns of that purchaser’s registration only in 2020 and files the Fund claim in 2023. Assuming the remaining requirements, what follows from Stilianopoulos?
- The claim necessarily expired in 2018 through constructive notice alone.
- The original survey date starts prescription regardless of subsequent events.
- The claim is within six years of actual knowledge; registration alone is not constructive discovery for this Fund claim.
- The claimant has only one year from discovery under section102.
- A private usurper’s registration is always the sole reckoning event.
Legal references
- https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD1529, section102: six years, survival, and disability proviso.
- https://lawphil.net/judjuris/juri2018/jul2018/gr_224678_2018.html — Spouses Stilianopoulos v Register of Deeds for Legazpi City, GR224678, July3 2018, main opinion: accrual and actual knowledge in fraudulent-registration claims.
Answer this question in flashcards to review your response and continue practicing.