Category: Real Estate Laws & Jurisprudence

Proof of Alienable and Disposable Character of the Property

In 1978, Andres Valiente sold a parcel of land to respondents Jose and Perla Castuera (Spouses Castuera). On 21 May 2003, the Spouses Castuera filed with the RTC an application for original registration of title over the property. The Spouses Castuera presented three witnesses as well as documentary evidence which includes tax receipts and an […]

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Period Within Which to File an Action for Reconveyance By Persons In Possession of the Subject Property

The petitioner claimed to have purchased a 2. 7360-hectare agricultural land from his father Jose Campit in 1977. On the other hand, respondents claimed to be the rightful owners of the subject property, as earlier adjudged by the court in Civil Case decided on June 12, 1961, and in Civil Case decided on August 8, […]

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Real Estate Broker Must Be The Procuring Cause To Receive Commission

This case is about a broker’s claim for commission for having referred a possible buyer who later served as an intermediary to the eventual sale of the property to a third party. Oriental Petroleum owned two condominium units at Corinthian Plaza in Makati City. It gave Tuscan Realty a “non-exclusive authority to offer” these units […]

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Accretion

Have you own a property near the river or sea? This topic will interest you. First we must differentiate accretion from alluvium. Alluvium is the soil imperceptibly and gradually deposited on lands adjoining the banks of rivers caused by the current of the water. Accretion is the process whereby the soil is so deposited. (Pineda, […]

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Proof Required in a Judicial Confirmation of Incomplete or Imperfect Title

Petitioner Canlas applied for the original registration of title of a parcel of land, under Presidential Decree No. 1529. There was no opposition to Canlas’ application. Respondent Republic of the Philippines (Republic) did not submit its comment or opposition but filed a notice of appeal. Canlas comes before this court, arguing that she has duly […]

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Requisites of Petition to Quiet Title

Petitioners and respondents are siblings. Their parents, who had already passed away in 1999, were the owners of the subject property covered by Transfer Certificate Title (TCT) No. 318717. Sometime in 2002, respondent siblings brought an action for partition against petitioners which was dismissed byt the RTC for failure of the parties, as well as […]

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Regalian Doctrine Case

Respondent Lualhati filed with the RTC of Antipolo City an application for original registration covering Lots situated in Antipolo, Rizal. Respondent essentially maintains that she, together with her deceased husband, Andres Lualhati, and their four children have been in possession of the subject lands in the concept of an owner since 1944. In support of […]

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