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LTD FINALS (Samplex 1)

1.
AB filed his answer in a cadastral proceeding claiming private ownership of Lot. I. However, the court
declared the lot as public land. Can AB subsequently file an application for judicial confirmation of title for
the same land? [10%]
2.
In a registration case, the OSG requested the Provincial Prosecutor to represent it during the trial. The court
granted the application for registration.
(a) On what grounds may the government file a motion for reconsideration? [7%] (b) Within what period may
the government file the motion? [3%]
3.
AB is an applicant for registration. As present possessor, CD files his opposition. The court renders
judgment in favor of AB, which becomes final.
(a) What is the remedy of AB in case CD refuses to vacate? (5%]
(b) In case CD refuses to comply with the order to vacate, can he be cited for contempt? [5%)
4.
(a) What are the contents of a decree of registration? [5%]
(b) What are the essential requisites for the review of a decree? [5%]
5.
Explain. Registration does not vest title [10%]
6.
AB is the registered owner of land. In 1993, he migrated to the US and obtained a green card. When he
came back to the Philippines in 2003, he found CD occupying the land with his house thereon, claiming
ownership thereof on the basis of possession.
(a) As counsel to AB what action will you take against CD? [5%]
(b) As counsel for CD, how would you respond to the action of AB? [5%]
7.
AB filed a complaint to nullify CDs title alleging that the same was obtained through Fraud. CDs defense is
that he acquired his title in regular registration proceedings. He also set up a counterclaim praying that Alls
title should instead be canceled since he is an absentee applicant. AB answered back that CDs
counterclaim amounts to a collateral attack on his title and should be dismissed. Decide [10%)

8.
What is the rule in case of double sale of immovable property? [10%]
9.
(a) What is the policy behind the prohibition against the sale of public lands acquired under the homestead
and free patent provisions of the Public Land Act? [2%]
(b) AB was issued a flee patent in 1995; He sold one-half of the land to CD with the understanding that the
salt shall not be effective until after 10 years. Is the sale valid? [4%] lf your answer is no, what are the
sanctions if any? [4%]
10.
(a) What is an innocent purchaser for value? [3%]
(b) Illustrate the principle that a forged deed may he the root of a valid title [7%]
GOOD LUCK!

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