- Statute
- Civil Code
- Article
- Art. 477
- 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
The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property.
Intellegal Wiki · In plain terms
To bring an action to quiet title over real property, the plaintiff must hold legal or equitable title to, or an interest in, that property. Actual possession of the land is not required in order to sue.
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 Pacifico Pocdo v. Arsenia Avila
- Dy, Jr. v. Tudtud
- Rosana Marcial Palmer v. Sancerre Land Corporation
- Gatmaytan v. Misibis Land G.R. No. 222166