What are the requisites for an action to quiet title?


1. Plaintiff must have a Legal or equitable title to, or interest in the real property which is the subject matter of the action;

2. There must be Cloud in such title;

3. Such cloud must be Due to some

     a. Instrument;

     b. Record;

     c. Claim;

     d. Encumbrance; or

     e. proceeding which is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the plaintiff’s title; and

4. Plaintiff must

     a. Return to the defendant all benefits he may have received from the latter; or

     b. reimburse him for expenses that may have redounded to his benefit.


What are the requisites for existence of a cloud?


1. There is an Apparently valid or effective instrument.

2. But such instrument is in Truth:

     a. Invalid;

     b. ineffective;

     c. voidable;

     d. unenforceable;

     e. has been extinguished or terminated;

     f. has been barred by extinctive prescription.

3. Such instrument may be Prejudicial to the title.

What are the prescriptive periods for bringing an action to quiet title?


1. Plaintiff in possession – imprescriptible

2. Plaintiff not in possession – 10 years (ordinary) or 30 years (extra-ordinary)

Note: Laches is defined as the failure or neglect, for unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. The negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. (Tijam v Sibonghanoy, L-21450, Apr. 15, 1968)


Is an action to quiet title imprescriptible?


Yes. Even though the Civil Code does not include an action to quiet title as one of those actions which are imprescriptible, the SC in this case held that such action is imprescriptible. The basis of the court is Art. 480. The imprescriptibility of an action to quiet title is a general principle from American jurisprudence. (Bucton v. Gabar, G.R. No. L-36359, Jan.31, 1974)