Practice question
In 2010 a usurper fraudulently obtains a title to Mia’s registered land. Mia discovers this in 2011. The usurper remains the holder until an innocent purchaser acquires and registers a protected title in 2021; Mia learns of that registration immediately. In 2025 she sues the proper Fund defendants. No negligence is attributable to her. Which analysis follows the main opinion in Stilianopoulos?
- The six years necessarily expired in 2016, measured from the usurper’s title.
- The six years necessarily expired in 2017, although no protected purchaser had yet intervened.
- The claim cannot arise after original registration.
- The protected registration and actual knowledge coincide in 2021, making the 2025 filing within six years, subject to the other requirements.
- The time begins only after a future separate insolvency judgment, regardless of knowledge.
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.
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