2013 (Civil Law) Bar Exam Questions: Essay Question 10

[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Civil Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8 and 9; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

X.

Manuel was born on 12 March 1940 in a 1,000-square meter property where he grew up helping his father, Michael, cultivate the land. Michael has lived on the property since the land was opened for settlement at about the time of the Commonwealth government in 1935, but for some reason never secured any title to the property other than a tax declaration in his name. He has held the property through the years in the concept of an owner and his stay was uncontested by others. He has also conscientiously and continuously paid the realty taxes on the land.

Michael died in 2000 and Manuel — as Michael’s only son and heir — now wants to secure and register title to the land in his own name. He consults you for legal advice as he wants to perfect his title to the land andsecure its registration in his name.

(A) What are the laws that you need to consider in advising Manuel on how he can
perfect his title and register the land in his name? Explain the relevance of these laws to your projected course of action. (4%)

(B) What do you have to prove to secure Manuel’s objectives and what documentation are necessary? (4%)

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