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Land Titles And Deeds1.Ownership of Lands by Corporations

May a corporation own lands?It depends.1. Corporation sole can acquire by purchase a parcel of private agricultural land without violating the constitutional prohibition since it has no nationality.2. Corporation a. Private Lands i. At least 60% Filipino (Sec. 7, Art. XII, 1987 Constitution) ii. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created iii. If engaged in agriculture, it is restricted to 1,024 hectares. b. Patrimonial property of the State (Sec. 3, Art. XII, 1987 Constitution) i. Lease (cannot own land of the public domain) for 25 years renewable for another 25 years ii. Limited to 1,000 hectares iii. Applies to both Filipinos and foreign corporations.May a corporation apply for registration of a parcel of landYes, through lease not exceeding 1,000 hectares. Such lease shall not exceed twenty five (25) years and renewable for not more than twenty five (25) years. (Sec. 3, Art. XII, 1987 Constitution)Note: Determinative of this issue is the character of the parcels of land whether they were still public or already private when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply.

2. PRESCRIPTION OF QUIETING OF TITLE Category:Land Titles And DeedsWhat are the requisites for an action to quiet title?1. Plaintiff must have a Legal or equitable title to, or interest in the real property which is the subject matter of the action;2. There must be Cloud in such title;3. Such cloud must be Due to some a. Instrument; b. Record; c. Claim; d. Encumbrance; or e. proceeding which is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiffs title; and4. Plaintiff must a. Return to the defendant all benefits he may have received from the latter; or b. reimburse him for expenses that may have redounded to his benefit.What are the requisites for existence of a cloud?1. There is an Apparently valid or effective instrument.2. But such instrument is in Truth: a. Invalid; b. ineffective; c. voidable; d. unenforceable; e. has been extinguished or terminated; f. has been barred by extinctive prescription.3. Such instrument may be Prejudicial to the title.

What are the prescriptive periods for bringing an action to quiet title?1. Plaintiff in possession imprescriptible2. Plaintiff not in possession 10 years (ordinary) or 30 years (extra-ordinary)Note:Laches is defined as the failure or neglect, for unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. The negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.(Tijam v Sibonghanoy, L-21450, Apr. 15, 1968)Is an action to quiet title imprescriptible?Yes. Even though the Civil Code does not include an action to quiet title as one of those actions which are imprescriptible, the SC in this case held that such action is imprescriptible. The basis of the court is Art. 480. The imprescriptibility of an action to quiet title is a general principle from American jurisprudence.(Bucton v. Gabar, G.R. No. L-36359, Jan.31, 1974)

3. DUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY Category:Land Titles And DeedsDUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY> Applies to an owner or developer of a subdivision without access to a public highway> A municipal ordinance declaring a subdivision road open to public used by public authorities when deemed necessary simply allows person other than the residents of the subdivision to use the road when they are inside the subdivision but doesnt give outsiders a right to open subdivision walls so they can enter the subdivision from any point> The closure of a dead end is part of ones proprietary rights

4. DUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT Category:Land Titles And DeedsDUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT

> Upon full payment of the purchase price, the seller is duty-bound to deliver the title of the unit to the buyer

> Even with a valid mortgage over the lot, the seller is still bound to redeem said mortgage without any cost to the buyer apart from the balance of the purchase price and registration fees

> Section 25 imposes an obligation on the part of the owner or developer in the event the mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, to redeem the mortgage and corresponding portion thereof within 6 months from such issuance

> The 6-month period will run from the full payment of the agreed price

5. Time of Completion of Subdivision or Condominium Plans Category:Land Titles And DeedsTime of Completion of Subdivision or Condominium PlansTime of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority.

CONSEQUENCE OF DELAY

> Petitioner may be held liable for damages

EXTENSION OF TIME FOR COMPLETION

> A request for extension of time to complete development of condominium or subdivision project may be granted only in cases where non-completion of the project is caused by fortuitous events, legal orders or force majeure and with the written notice to lot or unit buyers without prejudice to the exercise of theirrights pursuant to Section 23 of this Decree> The request for extension of time for completion shall be accompanied by a revised and financing scheme thereof

6. LIABILITY OF OWNER FOR BREACH OF WARRANTIES- CONDOMINIUM UNIT BROCHURES Category:Land Titles And DeedsLIABILITY OF OWNER FOR BREACH OF WARRANTIES- CONDOMINIUM UNIT BROCHURES

> Where the brochure that was disseminated indicated features that would be provided each condominium unit, this forms part of the warranties of the petitioner as subdivision owner

> Hence, when the respondent relied on the brochure in its decision to purchase a unit, and the petitioner failed to deliver certain items stated therein, then there was a clear violation of its warranties and representations

7. MORTGAGE OF CONDOMINIUM WITHOUT KNOWLEDGE OF BUYER IS AN UNSOUND BUSINESS PRACTICE Category:Land Titles And DeedsMORTGAGE OF CONDOMINIUM WITHOUT KNOWLEDGE OF BUYER IS AN UNSOUND BUSINESS PRACTICE

> The buyer has a cause of action for annulment of the mortgage, the mortgage foreclosure sale, and the condominium certificate of title that was issued to highest bidder

8. REGISTRATION OF SALE OF SUBDIVISION LOTS AND CONDOMINIUM UNITS Category:Land Titles And DeedsREGISTRATION OF SALE OF SUBDIVISION LOTS AND CONDOMINIUM UNITS

> Sales or conveyances of subdivision lots and condominium units shall be registered from the execution thereof by the seller with the Register of Deeds of the province or city where the property is situated

> Except as otherwise provided for by law, the Housing and Land Use Regulatory Board may in appropriate cases cause the RD to cancel the registration, entries or annotations on titles made in this regard

9. The period within which to appeal the decision of the Board of Commissioners of the HLURBCategory:Land Titles And DeedsPERIOD TO APPEAL IS 15 DAYS

> The period within which to appeal the decision of the Board of Commissioners of the Housing and Land Use Regulatory Board to the Office of the President is 15 days from the receipt of the assailed decision, pursuant to Section 15 of Presidential Decree 957

> The 30-day period mentioned in the Rules of Procedure of the HLURB is not applicable because special laws providing for a remedy of appeal to the Office of the President must prevail over the Housing and Land Use Regulatory Board Rules of Procedure

10. TRANSFER OF OWNERSHIP OR CHANGE OF NAME OF A SUBDIVISION OR CONDOMINIUM Category:Land Titles And DeedsTRANSFER OF OWNERSHIP OR CHANGE OF NAME OF A SUBDIVISION OR CONDOMINIUM

> A request for transfer of ownership and/or change of name may be granted only if there is a deed of absolute sale over the subdivision or condominium project sought to be transferred and/or the name thereof changed with an undertaking on the part of the transferee to assume full responsibility for the completion of the development thereof

> Such request shall be published at the applicants expense in a newspaper of general circulation within the city or municipality where the project at least one a week for two consecutive weeks

11. JURISDICTION OF THE NATIONAL HOUSING AUTHORITY, Housing and Land Use Regulatory Board Category:Land Titles And DeedsJURISDICTION OF THE NATIONAL HOUSING AUTHORITY

> The scope of the regulatory authority of the National Housing Authority is indicated in the second and third paragraph of the preamble

o WHEREAS, subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers;

o WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent