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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Identify the Operative Fact Doctrine and apply it to the following scenario: On January 10, 2010, A executed a deed of absolute sale of a parcel of land to B under the Land Registration Act then in force. Possession was delivered on January 15, 2010, and a Transfer Certificate of Title was issued in B’s name on February 20, 2010. On March 30, 2018, the Land Registration Act was repealed and replaced by the Land Registration Code. In 2024, C challenges B’s title as void due to repeal. Decide whether B’s title remains valid or not under the Operative Fact Doctrine, and explain the effect on C’s claim.

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The doctrine cannot override explicit statutory negation in the repealing statute; if the repeal provides that titles issued under the old regime are void, then B’s title would be void. The result depends on whether the repealing statute contained transitional provisions preserving acts; in their absence, the Operative Fact Doctrine would not apply. B’s title is void ab initio because titles issued under a repealed law cannot survive, and the Operative Fact Doctrine does not save acts from a repealed regime. B’s title remains valid under the Operative Fact Doctrine; the sale, possession, and issuance of the TCT occurred under the repealed Act and produced operative facts before repeal; C’s challenge fails.

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