Answers To Bar Examination Questions FOR 1960: (Answered by Professor Antonio H. Nob!ejas)

1!
)60] ANSWERS TO BAR EXAMINATIONS 99
Dineros, 54 O.G. p. 1811, March 31, 1958.) Evidence of payment of real

estate taxes or of certificate of non-delinquency is also required by Rep.
Act 456.
ANSWERS TO BAR EXAMINATION QUESTIONS (c) In involuntary dealings, only the involuntary deed need be presented
t FOR 1960 and the entry fee duly paid, in order to convey. and bind the property,
provided there is nothing left for the registrant to do and everything is
left in the hands of the Register of Deeds to complete the registr~tion.
With respect to voluntary conveyances, Section 50 of Act 496 expressly
LAND REGISTRATION AND MORTGAGES provides that the act of registration shall be the operative act to convey
and affect the land; but Section 55 requires the presentation of the owner's
(Answered by Professor Antonio H. Nob!ejas) duplicate certificate for the registration of any deed or voluntary instru-
ment. With respect to involuntary instrument like attachments, execu-
\ tions or adverse claims, section 72 allows registration even without the
(a) Wha( do you understand by .Judicial Confirmation of an imperfect title? presentation of the duplicate certificate of title. As expressly indicated in
\
(b) Is there at Present a law fixing the date when an application of this kind can be said section, all involuntary deeds need presentation only, and it is the
filed? \If so, what is the deadline? register of deeds who completes registration by requiring the production of
certificate from the owner so that the proper attachment, execution, lien
(a) Judicial co~firma~on of an imperfect title is the method by which or adverse claim may be noted thereon. Upon failure of the holder to
occupants of Public agncultural lands who having acquired no title from surrender the owner's duplicate certificate after due notice from the Re·
~he. government, whose possession thereof, as well as of his predecessors gister of Deeds, the latter should report the same to the court so that
m mte~est, h?d been open, continuous, exclusive, and notorious under a the court may order its production
bona fide clarm of ownership, for at least thirty (30) years immediately :~
preceding the filing of the application pursuant to Republic Act No. 1942 rj
may. ap~ly fot the registration of the land under voluntary judicial pro: .··~ III
~
ce.edmg m accordance witl'! Section 50 of the Public Land Law in connection (a) The Register of Deeds doubts if a document you have presented is acceptable for
With the Cadastral Law and ,J,.and Registration Law. registration. To whom should the Register of Deeds refer the matter for
Ij
(b) Yes, Republic Act No. 2061 sets a new time limit not· to exceed consultation? In the event the resolution is against the registrati!ln, can you
?ey.o~d Dec:mber 31, 1968 within which to file an application for the appeal7 State briefly the steps you should follow.
JUd1c1al confirmation of imperfect or incomplete titles. (See Sec. 47, Com. (b) Is a lease contract in favor of an alien for 25 years af a titled land acceptable
Act 141, as amended by Rep. Act No. 2061, approved June 13, 1958). for registration7 Is it not covered by the constitutional prohibition regardin&
acquisition ot real property by aliens?
II~:; (a) Doubtiul matters s:1ould be referred to the Commissioner of Land
Regist::-atlon either upon the certification of the Register of Deeds, stating
(a) In <~luntary dealing with registered lands, what js the operative act that uonveys the question up::m which he is in doubt, or upon the suggestion in writing
or bmds the land? What documents are required to be presented in the Office
Of the Register of Deeds? by the party in interest; and thereupon the Commissioner, after considera-
uon of the matter shown by the records certlfied to htm, and in case of
(b) When is a voluntary deed considered registered? registered lands, after notice to the parties and hearing, shall enter an
(C) I~ inv~luntary dealings, what documents are required to be presented for re· order prescribing the step to be taken or memorandum to be made. Hfs
g1st.rat1~n In orde~ to ~nvey and bind the property? State br.iefly the dif· decision in such cases shall be conclusive and binding upon all Registers of
_ference In the reg1strat1on proceedings Of a voluntary dealing lfrom one that ·s Deeds. (Sec. 4, Republic Act No. 1151.) In the event that the resoluti(in is
mvoluntary. I
against registration, and the issue involves a question of law, 'said ruling
may be appealed to the Supreme Court within thirty days from and after
(a) In voluntary dealings with reg1stered lands section 50 of Act N ·
receipt of the notice thereof. (Sec. 1, Republic Act No. 1151.)
496 provides that "the act of registration is the ~perative act to conve~
and affect the land". Section 55 of Act No. 496 requires the presentation Appeal from the ruling of the Land Registration Commission may be
of the voluntary deed and the owner's duplicate certificate to the Register made to the Supreme Court within thirty days from and after notice there-
of Deeds. Only public documents, however, can be registered. of, in the same manner as those provided for in the Rules of Court, Rule 42.
(b) A volunta~y deed is considered registered upon entry in the primary (b) Yes. (Smith, Bell & Co., Ltd. vs. Register of Deeds of Davao, G.R.
entry book, provided that the owner's duplicate certificate of title i p • No. L-7084, prom. Oct. 27. 1954.) According to law, even 99 years is per-
sented and the registration fees have been fully paid for. (Potencia~o ::. missible. I Art. 1643, new c. C.) It is not covered by the constitutional
prohibition regarding acquisition of real property by aliens.
98

Answers To Bar Examination Questions FOR 1960: (Answered by Professor Antonio H. Nob!ejas)

Uploaded by

Document Informationclick to expand document information

Copyright:

Available Formats

Answers To Bar Examination Questions FOR 1960: (Answered by Professor Antonio H. Nob!ejas)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Answers To Bar Examination Questions FOR 1960: (Answered by Professor Antonio H. Nob!ejas)

Uploaded by

Copyright:

Available Formats

1!

)60] ANSWERS TO BAR EXAMINATIONS 99

Dineros, 54 O.G. p. 1811, March 31, 1958.) Evidence of payment of real

You might also like