BITInternationalCollege

LandTitlesandDeeds
Atty.AngieM.UcatLogarta
Midterms
NAME_________________________

September29,2012
YEAR_______

SCORE________

1. Which is not a characteristic of the Torrens System?

a) It makes fraud almost impossible.
b)It recognizes private ownership of the land ipso facto upon cultivating the land for 30 years.
c)It eliminates repeated examination of titles.
d) It protects against encumbrances not noted on the Torrens Certificate.
2. Sps. Jon and Marcia are owners of a house and lot covered by OCT 4567. Due to financial crisis, they
borrowed P100,000.00 payable within one year from Shark Lending Company and entrusted OCT 4567 as
security for their obligation. A year after, the couple failed to pay their debt. Instead, they filed a petition for
replacement of lost owners duplicate copy of OCT 4567 with the RTC. Two months after, another duplicate
copy of the OCT was issued to them. Did RTC acquired jurisdiction on the case?
a) No. If the certificate of title was not lost but in the possession of another person, the reconstituted title is
void and the court rendering the decision has no jurisdiction over the case.
b) Yes. If the certificate of title was not lost but in the hands of a usurer, it would be impossible for the
landowner to retrieve his certificate of title because of the exorbitant interests he would have to pay. Declaring it
lost is the proper remedy and the court has jurisdiction over the case.
c) No. If the certificate of title was not lost but in the hands of a usurer, the court has no jurisdiction of the
case for the usurer would file opposition to the petition.
d)Yes. If the certificate of title was not lost but in the possession of any other person, the court always
acquires jurisdiction of the case for jurisdiction is determined by the contents of the petition.
3. Sps. A and B are owners of a parcel of land covered by Tax Declaration No. 1234. Sps. C and D are owners of
a parcel of land covered by Tax Declaration No. 8910 adjacent to the land of Sps. A and B. The Sps. A and B
applied for a Free Patent on their land under RA 10023 and were issued OCT 5242. A week after the issuance of
the title, Sps. C and D discovered that 2/3 of the their land were included in the Technical Description of the
land covered under OCT 5242 by mistake. What will Sps. C and D do to protect their interest?
a) File an adverse claim.
b) File a notice of lis pendens.
c) File an action for declaration of nullity.
d) File an appeal.
4. Gloria mortgaged her parcel of land to Pinoy. The Real Estate Mortgage was neither recorded with the
Register of Deeds nor annotated at the back of the Certificate of Title. Unknown to Pinoy, Gloria sold her parcel
of land to Imelda. Gloria failed to pay her obligation despite written and verbal demands. What will Pinoy do to
protect his right.
a) File an action for collection of sum of money plus damages.
b) File a petition for extrajudicial foreclosure on the mortgage property.
c) File an action for judicial foreclosure on the mortgage property.

5. Sps. A and B applied for judicial titling on the land they till for more than 30 years. Said land contained an
area of 1,000 square meters. On October 15, 2011, they received the order from the court approving their
petition. However, instead of only 1,000 square meters, the area in the order contained 3,000 square meters
which erroneously include a public land, which is not classified as alienable and disposable. Which statement is
correct?
a) Within 30 days from the receipt of the judgment, the Solicitor General may file a motion for new trial .
b) Within 30 days from the receipt of the judgment, the Solicitor General may file a relief from judgment.
c) Within 30 days from the receipt of the judgment, the Solicitor General may file a petition for review of
registration decree
d Within 30 days from the receipt of the judgment, the Solicitor General may file a criminal case.
6. Which is not a characteristic of an action for reconveyance?
a) It is a remedy available to an aggrieved party so long as property is not yet passed to innocent purchaser
for value .
b) If based on implied trust, the action must be instituted within 10 years, and imprescriptible if the registered
owner or his children, co-heir, or plaintiff are/is in possession.
c)If based on expressed trust and void contract, the action must be instituted within one year from the
issuance of the decree.
d) If based on fraud, it must be instituted within 4 years from the discovery of the fraud.
7.What is not a mode of acquiring land title?
a) Title by accretion
b) Title by voluntary transfer
c)Title by descent or devise
d) Title by judicial decree
8. What is the purpose of the notice of lis pendens annotated on the certificate of title?
a) It is a warning to the whole world that someone is claiming an interest over the property or has a better
right than the owner thereof.
b) It is an announcement to the whole world that the real property is in litiagation.
c) It is a warning to third parties that the owners title is defective.
d) It is a warning to third parties to look beyond the four corners of certificate of title and not merely rely on
the face thereof.
9. What is not among the instances where the Register of Deeds (ROD)may validly deny registration of a
voluntary instrument?
a) When the subject of registration is a real estate and the parties registered the document under the Chattel
Mortgage?
b) Where there are more than 1 copy of the owners duplicate certificate of title and not all such copies are
presented to the ROD.
c) Where the voluntary instrument bears on its face an infirmity.
d) Where the validity of the instrument sought to be registered is in issue in a pending court suit.
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10.What is not a voluntary dealing on real estate properties?

a) Real Estate Mortgage
b) Pacto de Retro Sale
c) Sale on execution of judgment or sales for taxes
d) Extra judicial Settlement of Estate
11. Lucio sold his house and lot to Carlo for P5 million payable in five (5) equal annual installments. The sale
was registered and title was issued in Carlo's name. Carlo failed to pay the last 2 installments and Lucio filed an
action for collection, damages and attorneys fees against him. Upon filing of the complaint, he caused a notice of
lis pendens to be annotated on Carlo's title. Is the notice of lis pendens proper or not?

a)No. Notice of lis pendens is proper in cases involving recovery of possession of real property or to quiet
title but not in an action for collection, damages and attorneys fees.
b)No. Notice of lis pendens is improper because the annotation is done without the consent of Carlo.
c)Yes, because the action for collection, damages and attorneys fees is an offshoot of the contract of sale of
subject land between Lucio and Carlo.
d)Yes, because Lucio is still 2/5 part-owner of the land for he remain unpaid for the last 2 installments.
12. In 1995, Sps. Pepe and Pilar was issued a Free Patent under OCT 4050. In 1999, due to financial constraints
the couple obtained a loan from Land Bank with the the land covered by OCT 4050 as collateral. The loan was
payable within 3 years. The couple failed to pay the loan. Despite repeated demands, the couple could not pay.
Eventually, the property was duly foreclosed in 2005. Was the mortgage in favor of Land Bank valid?
a)No, because land covered by free patent cannot be alienated, encumbered or sold within five years from the
date of issuance of the patent.
b)Yes, because the encumbrance within the prohibited period of five years was in favor of the government.
c)Yes. Although it was mortgaged to Land Bank, the couple were in physical possession of the property.
d)Yes, but the mortgage only extends to the growing crops introduced to the land.
Problems 13 and 14 are based on these facts.
Andrew owns a parcel of registered land adjoining a river bank. His land, however, has gradually diminished in
area due to the effects of the current of the river, while the registered land of Mark on the opposite bank has
gradually increased in area by 200 square meters.
13. Who has the better right over the 200 square meter area that has been added to Marks registered land, Mark
or Andrew?
a) Mark has a better right because his land is nearer to the increased area compared to Andrew.
b) Mark has a better right over the increase in area by reason of accretion.
c) Andrew has a better right because the increased area came from his land.
d) Andrew has a better right because he was the one who suffered loss of land area due to the effects of the
current of the waters and not Mark.
14. May a third person acquire said 200 square meter land by prescription?
a) No. The increased area belongs to the nearest adjoining owner.

b) No. The increased area belongs to the adjoining land owner who suffered loss due to the effects of the
current of the water.
c) Yes, because the increased area is not included in the Torrens Title of the adjoining land owner.
d) Yes, because the increased area is a public land which is alienable and disposable.\
15. A parcel of land with Torrens Title was adjoining a river, which eventually dried up. The lot owner claimed
that the dried-up river bed was his by accretion, so he drew up a subdivision plan that include the river bed. The
plan was approved both by the Land Registration Commission and by the RTC, and two titles were issued, there
being two parcels in the subdivision. The State now sues to have the subsequent title over the bed cancelled. Can
cancellation be made?
a) No. The title on the abandoned river bed was duly issued.
b) No. The adjoining owner is the rightful owner of the abandoned river bed by accretion.
c) Yes. The ordinary approval of a subdivision plan is not sufficient, there must be a judicial application for
the registration of the land.
d) Yes. An abandoned river bed is not susceptible of private ownership.

16. A and B owned lands fronting a river. Thru the force of the current, an identifiable portion of Bs estate was
suddenly transferred to As land. Who owns said portion?
a) B, the original owner, since this is a case of avulsion.
b) B, the original owner, under the principle of equity.
c) C, because the increase of the area of his land is due to accretion.
d) C. While a riparian owner suffers loss of his land thru the effects of the current of the waters, he should
enjoy any additional area to his land by the same effects of the current of the waters.
17. On June 30, 1995, A filed in the RTC Branch 47 of Bohol, an application for registration of title to a parcel of
land under PD No. 1529, claiming that since June 12, 1945, he has been in open, continuous, exclusive and
notorious possession and occupation of said parcel of land of the public domain which was alienable and
disposable, under a bona fide claim of ownership. After issuance of the notice of initial hearing and publication,
as required by law, the petition was heard on July 29, 1996. On the day of the hearing nobody but the applicant
appeared. Neither was there anyone who opposed the application. Thereupon, on motion of the applicant, the
RTC issued an order of general default and allowed the applicant to present his evidence. That he did. On
September 30, 1999, the RTC dismissed A's application for lack of sufficient evidence. A appealed to the Court
of Appeals. The appellant urged that the RTC erred in dismissing his application for registration and in not
ordering registration of his title to the parcel of land in question despite the fact that there was no opposition
filed by anybody to his application. Which statement is not correct?
a) The RTC commit the error attributed to it. The non-opposition of any private person as well as the Solicitor
General signifies that the applicant is the owner of the subject land.
b) It is still incumbent upon the applicant to prove with well nigh incontrovertible evidence that he has
acquired a title to the land that is fit for registration. Absent such registrable title, it is the clear duty of the
Land Registration Court to dismiss the application and declare the land as public land.
c) In an application for Judicial confirmation of imperfect or incomplete title to public agricultural land under
Section 48 of the Public Land Act, the lack of opposition and the consequent order of default against those who
did not guarantee the success of the application.
d) An application for land registration is a proceeding in rem. Its main objective is to establish the status of
the res whether it is still part of our public domain as presumed under the Regalian doctrine or has acquired the
character of a private property.
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18. The State filed an action for reversion alleging that a person illegally obtained free patent and certificate of
title over a real property which was originally public in character. The registered owner interposed the defense of
prescription. Which statement is not correct?
a) Prescription and laches will not bar actions filed by the State to recover its own property acquired through
fraud by private individuals.
b) A title issued on the basis of a free patent is as indefeasible as one judicially secured.
c) The indefeasibility of a title can be a bar to an investigation by the State as to how such title has been
acquired.
d) One who succeeds in fraudulently acquiring title to public land should not be allowed to benefit from it.
19. Which is not among the modes of acquiring ownership of land?
a) by possession of alienable and disposable public land
b) by judicial decree
c) by testate and intestate succession
d) by law
20. Newspaper publication of the notice of hearing is among the requisites in judicial titling. Which statement is
not correct?
a) The law requires notice of the initial hearing by means of: (1) publication, (2) mailing, and (3) posting, all
of which must be complied with.
b) The law stressed in detail the requirements of mailing of notices to all persons named in the petition who
include owners of adjoining properties and occupants of the land.
c) Newspaper publication is mandatory because of the use of the word shall.
d) Newspaper publication is merely directory.
21. How did Spain acquired exclusive dominium over the Philippines?
a) by voluntary transfer
b) by judicial decree
c) by discovery and conquest
d) by descent or devise
22. Which is not a classification of the lands of the public domain?
a) timber land
b) national park
c) mineral land
d) agri-undustrial economic zone
23. Private corporations or associations may not own alienable lands of the public domain but they may lease
for an area not exceeding 1000 hectares. What is the maximum period of lease?
a) 20 years and renewable for the same period

b) 25 years and renewable for the same period

c) 35 years and renewable for the same period
d) 50 years and renewable for the same period
24. Which is not a proper disposition of public lands suitable for agricultural purposes?
a) disposed for homestead settlement
b) disposed by sale
c) disposed by lease
d) disposed by voluntary transfer
25Which is not a classification of public lands disposable for residential, commercial or industrial purposes?
a) marshy lands
b) forest land
c) lands reclaimed by the government by dredging, filling or other means
d) foreshore land
26. Who would recommend to the President regarding the issuance of a proclamation reserving lands for
townsite purposes?
a) DAR Secretary
b) DILG Secretary
c) DENR secretary
d) DOJ Secretary

27. Which statement is not correct about reclaimed lands?

a) The Public Estates Authority (PEA) was authorized to reclaim both foreshore and submerged areas of the
public domain.
b) Two official acts are needed before reclaimed lands become alienable lands of the public domain. First,
there must be a classification that these lands are alienable and disposable; and second, there must be a
declaration that these lands are not needed for public service.
c) The PEAs power is not subject to the constitutional ban on private corporations from acquiring lands of
public domain.
d) Reclaimed lands of the public domain if sold or transferred to a public or municipal corporation for a
monetary consideration become patrimonial property and maybe sold to Filipino citizens or qualified
corporations.
28. Where should a petitioner file a case for judicial reconstitution of certificate of title?
a) Municipal Trial Court
b) Register of Deeds
c) Regional Trial Court
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d) Land Registration Authority

29. What is the purpose of notice of lis pendens?
a) To protect the interest of a person over a part of real property, and serves as notice and warning to third
persons dealing with said property that someone is claiming an interest over it or has a better right than the
registered owner thereof.
b) To warn third parties that a particular property was obtained by the registered owner through fraud and
deceit.
c) To prevent the registered owner from alienating the property pending the outcome of the litigation.
d) To announce to the whole world that a particular real property is in litigation.
30. Who shall approve the transaction made by non-Christian Filipinos or persons belonging to national cultural
minorities where the document of conveyance or encumbrance is in a language not understand by them?
a) Chairman of the Commission on National Cultural Minorities
b) Chairman of the Commission on National Integration
c) Chairman of the Commission on Tribal Communities
d) Chairman of the Commission on Indigenous People
31. In 1995, Nestor applied for and was granted a Free Patent over a parcel of agricultural land with an area of
30 hectares, located in General Santos City. He presented the Free Patent to the Register of Deeds, and he was
issued a corresponding Original Certificate of Title (OCT) No. 375, Subsequently, Nestor sold the land to Eddie.
The deed of sale was submitted to the Register of Deeds and on the basis thereof, OCT No, 375 was cancelled
and Transfer Certificate of Title (TCT) No. 4576 was issued in the name of Eddie. In 2000, the Director of Lands
filed a complaint for annulment of OCT No, 375 and TCT No. 4576 on the ground that Nestor obtained the Free
Patent through fraud. Eddie filed a motion to dismiss on the ground that he was an innocent purchaser for value
and in good faith and as such, he has acquired a title to the property which is valid, unassailable and indefeasible.
Which statement is not correct?
a) Eddie can claim protection as an innocent purchaser for value and can interpose the defense of
indefeasibility of his title, because he has no knowledge of the fraud committed by Nestor.
b) The patent issued to Nestor in this case is void ab initio not only because it was obtained by fraud but also
because it covers 30 hectares which is far beyond the maximum of 12 hectares provided by the free patent law.
c) The protection afforded by the Torrens System to an innocent purchaser for value can be availed of only if
the land has been titled thru judicial proceedings where the issue of fraud becomes academic after the lapse of
one (1) year from the issuance of the decree of registration.
d) In public land grants, the action of the government to annul a title fraudulently obtained does not prescribe
and will not be barred by the transfer of the title to an innocent purchaser for value.
32. In 1960 the Bureau of Lands issued a Homestead patent to A. Three years later, A sold the homestead to B
and B transferred the title in his name. A died in 1995, and his heirs filed an action to recover the homestead
from B on the ground that its sale by their father to the latter is void under Section 118 of the Public Land Law.
B contends, however, that the heirs of A cannot recover the homestead from him anymore because their action
has prescribed considering that more than 30 years had passed since the conveyance. Furthermore, A was in pari
delicto. Which statement is not correct?
a) The sale of the land by A to B 3 years after issuance of the homestead patent, being in violation of Section
118 of the Public Land Act, is void from its inception.
b) The action filed by the heirs of B to declare the nullity or inexistence of the contract and to recover the
land should be given due course.

c) B's defense of prescription is tenable because more than 30 years passed without the transaction being
questioned.
d) The doctrine of pari delicto is not applicable because of public policy. The law is designed for the
protection of the plaintiff so as to enhance the public policy of the Public Land Act to give land to the landless.
end