Thursday, September 1, 2016

FRAUD AS BASIS OF AN ADVERSE CLAIM



We have also ruled that where the adverse claim is anchored on allegations that the transfer in favor of the registered owner was tainted with fraud and/or unlawfulness, the same may not be given credence without a court finding to that effect (Consulta No. 4818, 5162). Such allegations are litigious in nature and do not fall within the purview of Section 70 of P.D. 1529, and should rather be threshed out in an appropriate proceeding before a court of competent jurisdiction. (Consulta No. 5568 dated April 29, 2015)

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