Claim For Loss, Damage, Deprivation Of Land Or Any Estate Or Interest

Section 96. Against whom action filed. If such action is brought to recover for loss or damage or for deprivation of land or of any estate or interest therein arising wholly through fraud, negligence, omission, mistake or misfeasance of the court personnel, Register of Deeds, his deputy, or other employees of the Registry in the performance of their respective duties, the action shall be brought against the Register of Deeds of the province or city where the land
is situated and the National Treasurer as defendants. But if such action is brought to recover for loss or damage or for deprivation of land or of any interest therein arising through fraud, negligence, omission, mistake or misfeasance of person other than court personnel, the Register of Deeds, his deputy or other employees of the Registry, such action shall be brought against the Register of Deeds, the National Treasurer and other person or persons, as co-defendants. It shall be the duty of the Solicitor General in person or by representative to appear and to defend all such suits with the aid of the fiscal of the province or city where the land lies: Provided, however, that nothing in this Decree shall be construed to deprive the plaintiff of any right of action which he may have against any person for such loss or damage or deprivation without joining the National Treasurer as party defendant. In every action filed against the Assurance Fund, the court shall consider the report of the Commissioner of Land Registration.

AGAINST WHOM CLAIM FOR DAMAGES MAY BE FILED

1. If the action is brought for the recovery of loss or damages or for deprivation of land or of any estate or interest therein arising through fraud, negligence, or omission, mistake or misfeasance of the court personnel, the Register of Deeds or other employees of the registry in the performance of the duties, the action shall be brought against the RD of the province or city where the land lies and the National Treasurer as defendants

2. If the action is brought for the recovery of loss or damage or for deprivation of land or of any estate or interest therein arising through fraud, negligence, omission, mistake or misfeasance of persons other than the court personnel, the Register of Deeds or other employees of the Registry, the action shall be brought against the Register of Deeds, the National Treasurer and such other persons, as codefendants

> The plaintiff must clearly allege the basis of the action and specify the details which led to his loss, damage or deprivation, as well as the market value of the property subject of the action

> It shall be the duty of the Solicitor General to represent the government

> The court shall consider the report of the LRA administrator on the matter