Quieting of Title

General Rule: Only real property could be the subject

matter of quieting of title.

Exception: Certain personal properties like vessels

may be the object of quieting of title.

Nature: Actions for quieting of title are neither suits in

rem nor suits in personam. They are suits against a
particular person in respect to the res and the judgment
will apply only to the property in dispute. They are suits
quasi in rem. (Realty Sales Enterprises, Inc. v. IAC GR
67451, 1987)
 Quieting of Title
Remedy for the removal of any cloud upon
or doubt or uncertainty with respect to title to
real property.

Purpose: To secure an adjudication that a

claim of title to or an interest in property,
adverse to that of complainant is invalid, so
that the complainant and those claiming
under him may be forever afterward free
from any danger of hostile claim.
 Quieting of Title

Cloud of Title:

A semblance of title, either legal or

equitable, or a claim or a right in real
property, appearing in some legal form but
which is, in fact, invalid or which would be
inequitable to enforce.
 Quieting of Title

Requirements for Existence of Cloud of Title:

1. There is an instrument, record, claim, encumbrance

or proceeding;
2. The instrument, claim, encumbrance, or proceeding
is apparently valid or effective;
3. Such instrument, etc. is in truth and in fact invalid,
ineffective, voidable, or unenforceable (despite its
prima facie appearance of validity or legal efficacy),
or has been extinguished or terminated, or has been
barred by extinctive prescription; and
4. Such instrument, etc. may be prejudicial to said title.
 Requisites for an Action to Quiet Title to
Prosper:
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 a cloud in such title;
3. Such cloud must be due to some instrument, record,
claim, encumbrance or proceeding which is apparently
valid but is in truth invalid, ineffective, voidable or
unenforceable, and is prejudicial to the plaintiff’s title;
4. Plaintiff must return to the defendant all benefits he
may have received from the latter, or reimburse him for
expenses that may have redounded to his benefit.
 Quieting of Title
Requisites for an Action to Prevent a Cloud:

1. Plaintiff has a title to a real property or interest

therein;

2. Defendant is bent on creating a cloud on the title or

interest therein. The danger must not be merely
speculative or imaginary but imminent; and

3. Unless the defendant is restrained or stopped, the

title or interest of the plaintiff will be prejudiced or
adversely affected.
 Quieting of Title
Kinds of Action Referred to:

1. Remedial – an action to remove the cloud or to quiet

title to real property or an interest therein. 476, p1

2. Preventive - an action to prevent future cloud or

doubt from being cast upon the title to real property
or an interest therein. 476, p2

3. Extinctive – an action to quiet title or remove cloud

therefrom when the contract, instrument, other
obligation has been extinguished or has been
terminated or has been barred by extinctive
prescription. 478
 Quieting of Title

Prescriptive Period:
1. Plaintiff in possession – imprescriptible, because the
owner is given the continuing aid by the court to
ascertain and determine the nature of such claim and
its effect on his title. He can wait until his possession
is disturbed and attacked before taking steps to
vindicate his right. (Coronel v. IAC, GR 70191, 1987)
2. Plaintiff not in possession – 10 (ordinary) or 30 years
(extraordinary) or estoppel by laches will be
applicable.
 Quieting of Title
Kinds of Action Referred to:

1. Remedial – an action to remove the cloud or to quiet

title to real property or an interest therein. 476, p1

2. Preventive - an action to prevent future cloud or

doubt from being cast upon the title to real property
or an interest therein. 476, p2

3. Extinctive – an action to quiet title or remove cloud

therefrom when the contract, instrument, other
obligation has been extinguished or has been
terminated or has been barred by extinctive
prescription. 478
 Quieting of Title

Reasons for allowing the Action

1. The prevention of litigation;

2. The protection of the true title and possession;
3. The promotion of right and justice
Quieting of Title
 Quieting of Title

In an action to quiet title, the plaintiff need not be in

possession of the property.

If the plaintiff in an action for quieting of title, however, is

in possession of the property being litigated, the action
is imprescriptible.

The rule that the Statute of Limitations is not available

as a defense to an action to remove a cloud from title
can only be invoked by a complainant when he is in
possession.
 Quieting of Title

The Court ruled that a judgment debtor who failed to

redeem the property within the time provided for had
lost whatever right he had over the land in question.
Certainly, he no longer possessed any legal or
equitable title to or interest over the parcels of land;
hence, he cannot validly maintain an action for quieting
of title. (Lucasan v. PDIC, GR 176929, 2008)
 The action to quiet title does not apply:

a) To questions involving interpretation of documents

b) To mere written or oral assertions of claims;
EXCEPT:
i) if made in a legal proceeding .
ii) if it is being asserted that the instrument or entry
in plaintiff’s favor is not what it purports to be.
c) To boundary disputes
d) To deeds by strangers to the title UNLESS purporting
to convey the property of the plaintiff
e) To instruments invalid on their face
f) Where the validity of the instrument involves pure
questions of law
 The action to quiet title does not apply:

a) To questions involving interpretation of documents

b) To mere written or oral assertions of claims;
EXCEPT:
i) if made in a legal proceeding .
ii) if it is being asserted that the instrument or entry
in plaintiff’s favor is not what it purports to be.
c) To boundary disputes
d) To deeds by strangers to the title UNLESS purporting
to convey the property of the plaintiff
e) To instruments invalid on their face
f) Where the validity of the instrument involves pure
questions of law
 Quieting of Title

Note: An action for quieting of title takes precedence

over an ejectment case to prevent multiplicity of suits.
(Luzuriaga v. Adil, GR 58912, 1985)

The possession of the actual possessor must be

respected during the pendency of the case for quieting
of title. (Balbecino v. Judge Ortega, GR 14231, 1962)
QUIETING OF TITLE REMOVING OF CLOUD PREVENTING A CLOUD
Quieting of Title
AS TO PURPOSE

To put an end to To procure the To remove possible

vexatious litigation with cancellation, deliver, foundation of a future
respect to the property release of an instrument, hostile claim.
involved. encumbrance or claim,
which constitutes a claim
in the plaintiff’s title, and
which may be used to
injure or vex him in his
enjoyment of his title.

AS TO NATURE OF ACTION

Remedial in nature, Preventive in nature, in Preventive in nature, in

involves a present order to remove cloud order to prevent a future
adverse claim. which may be used for cloud.
future actions.
QUIETING OF TITLE REMOVING OF CLOUD PREVENTING A CLOUD
Quieting of Title
AS TO NATURE OF CLAIMS
Plaintiff asserts own Plaintiff declares his No claim yet.
claim and declares own claim and title,
that the claim of the and at the same time
defendant is indicates the source
unfounded and calls and nature of
on the defendant to defendant’s claim,
justify his claim on pointing its defect
the property for the and praying for
court to determine declaration of its
the same. invalidity.
FILED AGAINST WHOM
Filed against people Filed against No claim yet.
who have claims defendants who
which are more assert claims based
general in nature. on an invalid
instrument. (but not
apparent)
 Ruinous Buildings and Trees in Danger of Falling
As to Buildings – the owners is obliged to demolish or execute
necessary work to prevent the building from falling. Should he
fail to do so, the authorities shall order its demolition at the
expense of the owner, or take measures to insure public safety.

The complainant must show that his property is adjacent to the

dangerous construction, or must have to pass by necessity in
the immediate vicinity. (482-483)

The owner is responsible for damages to others due to lack of

necessary repairs. However, if the damage is caused by
defects in the construction, then the builder is responsible for
the damages. Lack of knowledge of the falling condition of the
structure will not excuse owner’s liability. For damages caused
by defects in the construction, contractor is responsible for the
damages within 5 years from the completion of the same. 1723
THE END