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Philippine Bar review · Question

Practice question: Decree of Registration

Multiple Choice Hard

Practice question

A petitioner timely alleges actual fraud, but an innocent mortgagee for value acquired a protected interest that reopening would prejudice. The petitioner argues section 32 protects only outright buyers and never mortgagees. Which is correct?
  1. Every mortgagee is excluded from protection
  2. Only cash buyers can ever be protected
  3. A timely filing automatically overrides all innocent interests
  4. Section 32 includes an innocent lessee, mortgagee or other encumbrancer for value within the relevant protected category
  5. A mortgage automatically transfers the whole State domain

Legal references

  • https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD 1529, sections 6(a), 29–32 and 39

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