Civil Law, 2022 Bar — Question II-9-b

ESSAY

This case involves two competing titles: TCT No. 23456 in the name of Flor and TCT No. 65432 in the name of de Luna. Flor's title was derived from Rodrigo. Rodrigo's title was originally obtained through a judicial confirmation of title in 1950 based on a survey plan approved in 1931. On the other hand, de Luna derived her TCT No. 65432 from Diaz who obtained an original title through judicial confirmation of title at a much later date, in 1970, on the basis of a survey plan approved in 1921. It turned out that Flor's TCT No. 23456, although titled prior in time, was based on a survey plan that was marred with numerous blatant, obvious, and serious defects, to the point that the trial court found it dubious, irregularly approved and was therefore fake. (b) As between Flor and de Luna, whose title should be declared valid and whose title should be voided? Explain briefly. (5 points)

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