Remedial Law, 2018 Bar — Question IX

ESSAY

In 2015, Dempsey purchased from Daria a parcel of land located in Dumaguete, Negros Oriental. The latter executed a deed of absolute sale and handed to Dempsey the owner’s duplicate copy of TCT No. 777 covering the property. Since he was working in Manila and still had to raise funds to cover taxes, registration and transfer costs, Dempsey kept the TCT in his possession without having transferred it to his name. A few years thereafter, when he already had the funds to pay the transfer costs, Dempsey went to the Register of Deeds of Dumaguete and discovered, that, after the sale, Daria had filed a petition for reconstitution of the owner’s duplicate copy of TCT No. 777 which the RTC granted. Thus, unknown to Dempsey, Daria was able to secure a new TCT in her name. What is Dempsey’s remedy to have the reconstituted title in the name of Daria nullified?

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