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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSD. Quieting of Title (Civil Code, arts. 476-481)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

D. QUIETING OF TITLE (Civil Code, Arts. 476-481)

Scenario:

Angelina purchased a residential property from Benito. The property has been in Benito's family for several generations. However, after a few years of living in the property, Angelina received a notice from another person, Carlos, claiming that he is the rightful owner of the property. Carlos alleges that the property was illegally transferred to Benito's family and, therefore, Angelina's ownership is void. Angelina wants to protect her ownership rights and seeks to quiet the title.

Question:

  1. Define the concept of "quieting of title" under Philippine law.
  2. What are the elements that Angelina needs to establish in order to successfully quiet her title?
  3. Can Angelina seek damages and attorney's fees in the quieting of title action? Explain.



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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS D. QUIETING OF TITLE (Civil Code, Arts. 476-481) Sce