GAPACAN V. OMIPET
387 SCRA 383
Gapacan was the primitive possessor of a parcel of land. He declared the land for taxation purposes. He had 2 children. His son tried his luck in the mines and his sister was left to take care of the father. Later, when the son returned, he executed an affidavit of transfer of real property, allegedly thumbmarked by his sister’s husband. Since then, his family cultivated the property. When his sister tried to cultivate the land, an action for forcible entry was filed against her.
An action to quiet title may be brought when there exists a cloud on the title to real property or any interest therein.