- Statute
- Civil Code
- Article
- Art. 476
- Topic
- Quieting of Title
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE II OWNERSHIP
- Chapter
- CHAPTER 3 Quieting of Title
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.
Intellegal Wiki · In plain terms
Creates the action to quiet title: when some instrument, record, claim, encumbrance, or proceeding looks valid but is actually invalid or unenforceable and could prejudice an owner's title to real property, the owner may sue to remove that 'cloud.' The action may also be used preventively, to stop a cloud from being cast on the title in the first place.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Josefina Q. Viloria v. Heirs of Pablo Gaetos, the Supreme Court held: For an action to quiet title to prosper, the plaintiff must have legal or equitable title to or interest in the property (Articles 476 and 477); tax declarations and mortgage documents alone do not prove ownership.
One leading Supreme Court case applying this provision.
Cases applying this article
- Heirs of Manuel Eñano v. San Pedro Cineplex Properties
- Josefina Q. Viloria v. Heirs of Pablo Gaetos
- Heirs of Andres Naya: Teresita B. Naya v. Orlando P. Naya
- Heirs of Pacifico Pocdo v. Arsenia Avila
- Ragasa v. Roa
- Eduviges B. Almazan v. Perla E. Bacolod
- Heirs of Victor Amistoso v. Elmer T. Vallecer
- Leticia Naguit Aquino v. Cesar B. Quiazon
Other Supreme Court decisions also apply this article.