Explain answer the spouses s t are entitled to a writ

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Nature of Mathematics
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Chapter 3 / Exercise 56
Nature of Mathematics
Smith
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Explain. Answer The spouses "S-T" are entitled to a Writ of Possession. The heirs of "Z" cannot be said to be strangers to the registration proceedings. A cadastral proceeding is a proceeding in rem and against everybody, including the heirs of "Z", who are deemed included in the general order of default entered in the case. Besides, said heirs filed a petition for the review of the decree of registration, thereby becoming a direct party in the registration proceedings by their voluntary appearance. The fact that the spouses "S-T" filed the instant petition two years later is of no moment. The right of the applicants or of a subsequent purchaser to ask for the issuance of a writ of possession never prescribes.
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Nature of Mathematics
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Chapter 3 / Exercise 56
Nature of Mathematics
Smith
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Page 244of 391(Note: The above answer is based on Rodil vs. Benedicto, L-28616, Jan.22,1980.)
Page 245of 39106; Prescription 1990 No12: In 1960, an unregistered parcel of land was mortgaged by owner O to M, a family friend, as collateral for a loan. O acted through his attorney-in-fact, son S, who was duty authorized by way of a special power of attorney, wherein O declared that he was the absolute owner of the land, that the tax declarations/receipts were all issued in his name, and that he has been In open, continuous and adverse possession in the concept of owner. As O was unable to pay back the loan plus interest for the past five [5) years, M had to foreclose the mortgage. At the foreclosure sale, M was the highest bidder. Upon issuance of the sheriffs final deed of sale and registration In January, 1966, the mortgage property was turned over to M's possession and control M has since then developed the said property. In 1967, O died, survived by sons S and P. In 1977, after the tenth (10th) death anniversary of his father O. son P filed a suit to annul the mortgage deed and subsequent sale of the property, etc., on the ground of fraud. He asserted that the property in question was conjugal in nature actually belonging, at the time of the mortgage, to O and his wife, W, whose conjugal share went to their sons (S and P) and to O, (a) Is the suit filed by P barred by prescription? Explain your answer. (b) After the issuance of the sheriff's final deed of sale in 1966 in this case, assuming that M applied for registration under the Torrens System and was issued a Torrens Title to the said property in question, would that added fact have any significant effect on your conclusion? State your reason. Answer: (a) Under Art. 173 of the Civil Code, the action is barred by prescription because the wife had only ten (10) years from the transaction and during the marriage to file a suit for the annulment of the mortgage deed. Alternative Answers to (a) first Alternative Answer: (a) The mortgage contract executed by O, if at all, is only a voidable contract since it involves a conjugal partnership property. The action to annul the same instituted in 1977, or eleven years after the execution of the sheriff's final sale, has obviously prescribed because: 1. An action to annul a contract on the ground of fraud must be brought

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