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Philippine Bar review · Question

Practice question: Adverse Claims and Notice of Lis Pendens

Multiple Choice Hard

Practice question

A registered owner seeks cancellation of an adverse claim annotated years earlier. The owner offers only elapsed time and the original claimants' deaths, while their heirs have not been afforded a proper opportunity to address the merits. The owner says the court need not investigate validity. Which response accords with Bella?
  1. Death and elapsed time conclusively establish invalidity
  2. The court must not treat lapse alone as decisive and must afford the required hearing and due process concerning validity
  3. Every heir automatically receives a new certificate
  4. The adverse claim is immune from all judicial review
  5. The owner may remove the annotation privately

Legal references

  • PD 1529 Sections 70 and 76–77: https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html
  • Republic v. Bella, GR 260831, February 26, 2025, main decision: https://lawphil.net/judjuris/juri2025/feb2025/gr_260831_2025.html

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