PROCEDURE
FOR QUIETING TITLE
·
The Supreme Court has not yet
promulgated the particular procedural rules on the quieting of title.
SOME
RULES OF PROCEDURE (PERTINENT TO THE SUBJECT) AS ENUNCIATED BY AMERICAN COURTS
(a)
The venue of the action is
determined by the situation or location of the premises, and not by the
residence of the party.
(b)
The process or notice should
accurately describe the property and state in general terms the nature and
extent of the plaintiff’s claim.
(c)
The suit cannot be brought in
the name of one party for the use and benefit of another ; is not only may but must be prosecuted in the name of the
real party in interest
(d)
In a suit for the quieting of
title, the actual possessor at the time of the fi ling of the action must be
respected in his possession until after there is an adjudication on the merits.
If said actual possessor is disturbed in the meantime by the other party, the
former is entitled to a writ of preliminary injunction against said disturbers.
WHEN
THE ACTION TO QUIET TITLE WILL NOT PROSPER
(a)
if it is merely an action to
settle a dispute concerning boundaries
(b)
if the case merely involves the
proper interpretation and meaning of a contract or document.
(c)
if the plaintiff has no title,
either legal or equitable.
(d)
if the action has prescribed
and the plaintiff is not in possession of the property
(e)
if the contract, instrument,
etc. is void on its face.
(f)
if it is a mere claim or
assertion (whether oral or written) unless such claim has been made in a court
action or the claim asserts that an instrument or entry in behalf of the
plaintiff is not really what it appears to be
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