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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)

1. Mr. Santos purchased a piece of land from Ms. Reyes. After obtaining the Transfer Certificate of Title (TCT) in his name, he discovered that there is an existing annotation of adverse claim on the TCT filed by Mr. Gomez, claiming ownership over the same property. Mr. Santos believes that he is the rightful owner and wants to have a clear title to the property.

Based on the given scenario and the provisions of the Civil Code on Quieting of Title, answer the following questions:

  1. What is Quieting of Title and when does it apply?
  2. What is the effect of filing a case for Quieting of Title?
  3. What are the requisites for a successful Quieting of Title action?
  4. What remedies are available to Mr. Santos to resolve the adverse claim filed by Mr. Gomez?



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