NECESSITY
FOR TITLE OF THE PLAINTIFF
·
The plaintiff in an action to
quiet title must have a legal or equitable title to, or an interest in the real
property which is the subject matter of the action.
·
“Title’’ here does not
necessarily denote a certificate of title issued in favor of the person filing
the suit.
·
The plaintiff must either have
the legal (registered) ownership or the equitable (beneficial) ownership.
Otherwise, the action will not prosper.
NON-NECESSITY
OF POSSESSION
·
Plaintiff may or may not be in
possession of the property
|
If Plaintiff
is in Possession |
If Plaintiff
is Not in Possession |
|
imprescriptible |
Period prescribes in 10 or 30 years depending on
ordinary or extraordinary prescription May be barred by laches |
|
Only right is to remove or prevent cloud |
aside from being given the right to remove or
prevent cloud, he may also bring the ordinary actions of ejectment,
publiciana or reivindicatoria |
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