Lawyerly

You're currently signed in as:
User

PHIL-VILLE DEVELOPMENT v. MAXIMO BONIFACIO

This case has been cited 5 times or more.

	GR No. 160728 2015-03-11	CLT REALTY DEVELOPMENT CORPORATION v. PHIL-VILLE DEVELOPMENT LEONARDO-DE CASTRO, J.
In Phil-Ville Development and Housing Corporation v. Bonifacio,[43] the Court explained the nature of and requisites under this remedy in the following manner: Quieting of title is a common law remedy for the removal of any cloud upon, doubt, or uncertainty affecting title to real property. Whenever there is a cloud on title to real property or any interest in real property by reason of any instrument, record, claim, encumbrance, or proceeding that is apparently valid or effective, but is, in truth and in fact, invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title. In such action, the competent court is tasked to determine the respective rights of the complainant and the other claimants, not only to place things in their proper places, and make the claimant, who has no rights to said immovable, respect and not disturb the one so entitled, but also for the benefit of both, so that whoever has the right will see every cloud of doubt over the property dissipated, and he can thereafter fearlessly introduce any desired improvements, as well as use, and even abuse the property.
	GR No. 201248 2015-03-11	LETICIA NAGUIT AQUINO v. CESAR B. QUIAZON MENDOZA, J.
In order that an action for quieting of title may prosper, two requisites must concur: (1) the plaintiff or complainant has a legal or equitable title or interest in the real property subject of the action; and (2) the deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.[24]
	GR No. 211356 2014-09-29	CRISOSTOMO B. AQUINO v. MUNICIPALITY OF MALAY VELASCO JR., J.
An action for declaratory relief presupposes that there has been no actual breach of the instruments involved or of the rights arising thereunder. Since the purpose of an action for declaratory relief is to secure an authoritative statement of the rights and obligations of the parties under a statute, deed, or contract for their guidance in the enforcement thereof, or compliance therewith, and not to settle issues arising from an alleged breach thereof, it may be entertained before the breach or violation of the statute, deed or contract to which it refers. A petition for declaratory relief gives a practical remedy for ending controversies that have not reached the state where another relief is immediately available; and supplies the need for a form of action that will set controversies at rest before they lead to a repudiation of obligations, an invasion of rights, and a commission of wrongs.[4]
	GR No. 170604 2013-09-02	HEIRS OF MARGARITA PRODON v. HEIRS OF MAXIMO S. ALVAREZ BERSAMIN, J.
This case involves an action for quieting of title, a common-law remedy for the removal of any cloud or doubt or uncertainty on the title to real property by reason of any instrument, record, claim, encumbrance, or proceeding that is apparently valid or effective, but is, in truth and in fact, invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title. In such an action, the competent court is tasked to determine the respective rights of the complainant and other claimants to place things in their proper place and to make the one who has no rights to said immovable respect and not disturb the other. The action is for the benefit of both, so that he who has the right would see every cloud of doubt over the property dissipated, and he can thereafter fearlessly introduce any desired improvements, as well as use, and even abuse the property. For an action to quiet title to prosper, two indispensable requisites must concur, namely: (a) the plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action; and (b) the deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.[20]
	GR No. 175542 & 183205 2013-06-05	GREEN ACRES HOLDINGS v. VICTORIA P. CABRAL VILLARAMA, JR., J.
An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. Quieting of title is a common law remedy for the removal of any cloud upon, doubt, or uncertainty affecting title to real property. Whenever there is a cloud on title to real property or any interest in real property by reason of any instrument, record, claim, encumbrance, or proceeding that is apparently valid or effective, but is in truth and in fact, invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title. In such action, the competent court is tasked to determine the respective rights of the complainant and the other claimants, not only to place things in their proper places, and make the claimant, who has no rights to said immovable, respect and not disturb the one so entitled, but also for the benefit of both, so that whoever has the right will see every cloud of doubt over the property dissipated, and he can thereafter fearlessly introduce any desired improvements, as well as use, and even abuse the property.[50]