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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a pending civil action for reconveyance and title to Lot 17, Block 9, Subdivision X, Plaintiff P sues Defendant D to recover ownership and title to the land. After the complaint is filed but before judgment, D sells one-third (1/3) of Lot 17, Block 9 to Third Person T for cash; the deed is executed and recorded. The action remains unresolved. (a) State the controlling doctrine under NCC Art. 1491(5) and classify the transfer from D to T as void or valid. (b) What remedies are available to Plaintiff P or to the court to protect P's rights and the status of title, and what is the effect on the case until judgment is rendered? (c) What is the practical impact on T's rights and on the registration of Lot 17, Block 9 in light of the pending litigation?

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Void; The transfer by a party to the action after the filing of the complaint is void in all cases, and the buyer gains no enforceable title against the plaintiff; remedies include cancellation of the deed, restoration to the original status, and continued litigation over the property’s title. Void; The transfer of one-third of Lot 17 from D to T made after filing is void under NCC Art. 1491(5). The remedies include declaring the sale void and cancelling the deed, with reconveyance to P or restoration of the affected property as the case may require; the land remains subject to the action; T acquires no title enforceable against P; the registered title to Lot 17 may be annotated or subject to the outcome of the litigation. Voidable; The sale is voidable if P proves that D acted with intent to defraud or with bad faith, and the court may set aside the deed, with reconveyance back to P, while the case continues to resolve title; T may lose the interest if the deed is annulled. Valid; The transfer of a third-party interest to T is valid because the purchaser is not a party to the action, and the plaintiff’s remedy is limited to reconveyance against D; the case can proceed with the remainder of the land while T’s deed stands as a separate, enforceable title.

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