29/12/2024
📚 Favorite Bar Topic Alert!
💡 Topic: Doctrine of Quieting of Title
Check out this case penned by Justice Amy Lazaro-Javier:
Aurora Tensuan, et al. v. Heirs of Ma. Isabel M. Vasquez
📜 G.R. No. 204992 | September 8, 2020
BACKGROUND OF THE CASE: The petitioners inherited a 32,862-square-meter property in Muntinlupa City under TCT No. 16532. After their father's death, they executed an Extra-Judicial Settlement. Decades later, the respondents altered the Magdaong River’s course, encroaching on 1,680.92 square meters of their land, and even secured TCT No. 144017 that overlapped the property. The petitioners filed a complaint for accion reivindicatoria and annulment of title.
DOCTRINE:
📝For the action to quiet title to prosper, two (2) requisites must concur:
1. The plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action;
2. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his or her title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.
Here, requisites for quieting of title were sufficiently alleged in the complaint, albeit it was captioned as one for accion reivindicatoria and annulment of title. First. Petitioners indubitably have legal title over the property, having inherited the same from their father. By Extra-Judicial Settlement, they subdivided the property among themselves. This Extra-Judicial Settlement was even annotated on the dorsal portion of TCT No. 16532.
Second. Respondent Ma. Isabel was issued TCT No. 144017 covering a 5,237.53 square meter property. Although it appears valid and effective, said title, in truth, overlaps with petitioners’ TCT No. 16532 to the extent of 1,680.92 square meters. Worse, the remaining portion pertains to portions of the Magdaong River. Thus, TCT No. 144017 is invalid.
NOTE:
✅Actions for quieting of title are imprescriptible if the plaintiff is in possession of the property (Maestrado v. CA).
✅Lands of public dominion, such as riverbeds, cannot be appropriated or registered under the Torrens system.