Action to quiet title; remove cloud on property
An action to quiet title to property or to remove a cloud thereon is a remedy
or form of proceeding originating in equity jurisprudence. The plaintiff in
such an action seeks for adjudication that any adverse claim of title or
interest in the property in question is invalid, so that the plaintiff and
those claiming under him or her may forever be free from any danger of the
hostile claim.[1] It is governed by Article 476 of the Civil Code which
reads:
For the action to prosper, two requisites must concur, viz: (1) the
plaintiff or complainant must have a legal or an equitable title to or
interest in the real property which is the subject matter of the action; and
(2) the deed, claim, encumbrance or proceeding that is being alleged as a
cloud on plaintiffs title must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or legal efficacy.[2][3]
Art. 476. Whenever there is cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.
For the action to prosper, two requisites must concur, viz: (1) the
plaintiff or complainant must have a legal or an equitable title to or
interest in the real property which is the subject matter of the action; and
(2) the deed, claim, encumbrance or proceeding that is being alleged as a
cloud on plaintiffs title must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or legal efficacy.[2][3][1] Spouses Divinagracia v. Cometa, 518 Phil. 79, 84 (2006).
[2] Robles v. CA, 384 Phil. 635, 647 (2000).
[3] https://www.projectjurisprudence.com/2021/08/gr-no-190158-july-20-2016.html.
