MODULE 5 Objectives:

QUIETING OF TITLE, NATURE AND REQUISITIES 1. Prevention of litigation

PRESCRIPTION 2. Protection of the true title and possession
! The subject matter is basically a legal action. 3. Real interest of both parties, and that of right
! Quieting of title should be viewed in relation of a and justice, which require that the precise state
right of a property owner to vindicate. of the title be known
! There are various legal actions that an owner
may exercise and avail of in the exercise of If there would be a quieting of title previously instituted,
ownership rights (forcible entry, unlawful such would prevent a full-blown litigation.
detainer etc.)
! Apart from those, there is also this remedy Illustration:
called quieting of title. Your parcel of land was claimed to be sold previously but
the sale is void. Now, the existence of the previous
QUIETING OF TITLE deed/document of sale creates a doubt on your title.
Origin: Equity Jurisprudence However, you cannot by yourself declare that document
as void. Hence, the remedy of quieting of title is the
Purpose: appropriate remedy under the circumstances.
The purpose of quieting of title or removal or a cloud is
to ask the court for an order that an apparently valid or In the meantime that no legal transactions are made
effective instrument or other claim should be formally with respect to that property, you are asking the court at
declared as void, ineffective, voidable or unenforceable the earliest time that that document shall be formally
that would “settle” and would give peace of mind to the declared void so that it cannot be further be a basis of
property owner. subsequent illegal transfers.

QUIETING OF TITLE V. REMOVAL OF CLOUD In a way it also protects the true title and possession of
the real owner. This is actually a preventive remedy
Quieting of Title to avoid further legal complications, which may involve
An action for the purpose of putting an end to vexatious innocent parties.
litigation in respect to the property involved.

The plaintiff asserts his ownership and makes an PHIL-VILLE DEVELOPMENT AND HOUSING
assertion that the defendant is claiming some estate in CORP v. BONIFACIO
the land that he owns. This defendant does not define In such action, the competent court is tasked to
the nature of his claim. Here, plaintiff will ask the court determine the respective rights of the
to declare the claim of the defendant as without any complainant and the other claimants, not only
legal foundation, thus void. to place things in their proper places, and make the
claimant, who has no rights to said immovable,
Removal of Cloud respect and not disturb the one so entitled, but also
To procure cancellation, delivery of, release of an for the benefit of both, so that whoever has the right
instrument, encumbrance, or claim constituting a claim will see every cloud of doubt over the property
on plaintiff’s title. dissipated, and he can thereafter fearlessly introduce
any desired improvements, as well as use, and even
The plaintiff declares his own title but this time more abuse the property.
specific. He would now be asking the court that the
defendant’s source of ownership, which puts a cloud of
doubt on his title, be also declared void. Plaintiff points NATURE OF AN ACTION TO QUIET TITLE
with particularity the defect of the defendant’s title and
would ask the court to declare the instrument/claim as Significance of this remedy
also void. If you purchase a property but at the back of your mind
there are some claims over the same property, you
Quieting of Title Removal of Cloud would be reluctant to make improvements, apprehensive
Plaintiff asks the court to Plaintiff would ask the court that you may not know that in the future would be taken
declare the claim of the that the defendant’s source away from you.
defendant as without any of ownership, which puts a
legal foundation, thus void. cloud of doubt on his title, is
also void.
Attack the claim Attack the claim + source of
ownership (title)

Property | Atty. Gravador | A.Y. 2020 – 2021 | AGregorio

 HEIRS OF PRODON v. HEIRS OF ALVAREZ Before it was formally titled in favor of your seller, there
This case involves an action for quieting of title, a was an application for the same property by another
common-law remedy for the removal of any person. It was recorded in the DENR but apparently was
cloud or doubt or uncertainty on the title to not pursued to its logical conclusion. However, the
real property by reason of any instrument, record remains as part of the official record. Having
record, claim, encumbrance, or proceeding remained in the official record, it creates a doubt in your
that is apparently valid or effective, but is, in title.
truth and in fact, invalid, ineffective, voidable,
or unenforceable, and may be prejudicial to Not for you again to say that the record is invalid. Only
said title. In such an action, the competent court is the court, which is vested with the jurisdiction, can
tasked to determine the respective rights of the formally declare that that instrument is invalid.
complainant and other claimants to place things in
their proper place and to make the one who has no Claim made by adverse claimant
rights to said immovable respect and not disturb the May not necessarily be written as it also includes claims
other. The action is for the benefit of both, so that he made orally.
who has the right would see every cloud of doubt
over the property dissipated, and he can thereafter For example, you are in possession of your property.
fearlessly introduce any desired improvements, as There is a group of people claiming that a part of the
well as use, and even abuse the property. property you bought is owned by their supposed
grandparents.

Examples of instrument which appear to be valid: They went to the Brgy. Captain and they asked you that
• Sale of a non-owner as apparently valid or effective that supposed portion pertaining to their grandfather
because it was evidenced by a notarized deed of should be given to them.
sale. This is, in truth, not valid since a non-owner
sold it. REQUISITES
o This situation may be remedied through the TO BE A VALID SUBJECT OF QUIETING OF TITLE
appropriate and timely filing of an action to
quiet title.or declaration of nullity of instrument The instrument, record, etc., must on its face
appear to be valid.
Rule in Sales is that if you are not an owner, you cannot It must be that you cannot see the invalidity on the
effect a transfer of ownership. surface or just by a mere superficial examination on the
document, thus necessitating a court action.
OTOH, you also claimed to be the owner of that
property bought from the real owner also evidenced by If the document on its face is invalid
a notarized deed of sale. Donation of a real property as a rule must be contained
in a public document. However, the written instrument
Even if that other deed of sale was invalid because a was not notarized.
non-owner sold it, its validity cannot be determined on
its face or in the eyes of an objective observer. There is no need for a quieting of title here. A donation
of real property to be valid must be contained in a public
It is not for you to say that it is invalid. Only the court, document.
which is vested with the jurisdiction, can formally
declare that that instrument is invalid. ”TITLE” IN QUIETING OF TITLE IS NOT
NECESSARILY THE CERTIFICATE OF TITLE
WHAT MAY BE SUBJECT TO A QUIETING OF
TITLE? Title v. Certificate of Title
• Instruments You may have the title but not the certificate of title
• Records
• Claims by adverse claimants (include verbal claims) If a person has a title, it means that he is an owner of
the property and he acquired ownership over that
Records property or over that right through any of the modes of
Using the same example, in the parcel of land that you acquiring ownership as mentioned in Article 712.
own, there is a record in the DENR that there is a survey
claimant over that property. For example, you bought the property pursuant to a
private deed of sale. A sale of a real property even orally
is valid, much more if pursuant to a private document
(not notarized).

Property | Atty. Gravador | A.Y. 2020 – 2021 | AGregorio

You cannot have a certificate of title on the basis of a
private instrument. Rules on land registration require
that before there can be a cancellation of certificate of
title of the previous owner to the new owner, pursuant
to a deed of sale, there must first be a public
instrument.

In this case, you do not have a certificate of title but

you have a title because you bought the property and
are in possession of that property pursuant to the same.
You have both the legal and equitable title.

REPUBLIC V. MANGOTARA
In an action for quieting of title, the subject
matter is the title sought to have quieted.
"Title" is not limited to the certificate of
registration under the Torrens System
(i.e., OCT or TCT).

Pursuant to Article 477 of the Civil Code, the plaintiff

must have legal or equitable title to, or interest in,
the real property subject of the action for quieting of
title. The plaintiff need not even be in possession of
the property. If she is indeed Doña Demetria's sole
heir, Vidal already has equitable title to or interest in
the two parcels of land by right of succession, even
though she has not yet secured certificates of title to
the said properties in her name.

This is a case where the one claiming to have a title

inherited the property. Succession or transmission of
ownership by inheritance is a mode of acquiring
ownership.

Even if you do not have a certificate of title because

obtaining a certificate of title in your name would involve
a meticulous procedure, that doesn’t mean that you do
not have a title.

You have a title by virtue of inheritance of that property.

Succession opens at the time of death. At the time of
death of the predecessor, you already have a title,
although at that point you do not have a certificate of
title.

The question is, even if you do not have a

certificate of title, can you file an action to quiet
title?

YES, certainly.

Property | Atty. Gravador | A.Y. 2020 – 2021 | AGregorio