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ADVERSE CLAIM (Section 70) - Coggle Diagram

- - - - PLACED ON CERTIFICATE
        This statement shall be entitled to registration as an adverse claim on the certificate of title.
        
        30 DAY EFFECTIVITY
        The adverse claim shall be effective for a period of thirty days from the date of registration.
        
        AFTER 30 DAYS -> MAY BE CANCELLED
        After the lapse of said period, the annotation of adverse claim may be canceled upon filing of a verified petition therefor by the party in interest:
        
        BEFORE 30 DAYS:
        PETITION
        Before the lapse of thirty days aforesaid, any party in interest may file a petition in the Court of First Instance where the land is situated for the cancellation of the adverse claim, and the court shall grant a speedy hearing upon the question of the validity of such adverse claim, and shall render judgment as may be just and equitable.
        
        INVALID -> CANCEL
        If the adverse claim is adjudged to be invalid, the registration thereof shall be ordered canceled.
        
        FRIVOLOUS -> 1K-5K
        If, in any case, the court, after notice and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the claimant in an amount not less than one thousand pesos nor more than five thousand pesos, in its discretion.
        
        WITHDRAW -> SWORN PETITION
        Before the lapse of thirty days, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect.
        
        REPEAT CLAIM
        Provided, however, that after cancellation, no second adverse claim based on the same ground shall be registered by the same claimant.
  - - - NO ASSESSED VALUE -> SWORN VALUE
        Where the land involved has not yet been assessed for taxation, its value for purposes of this decree shall be determined by the sworn declaration of two disinterested persons to the effect that the value fixed by them is to their knowledge, a fair valuation.
        
        TOO SMALL -> COURT MAY INCREASE
        Nothing in this section shall in any way preclude the court from increasing the valuation of the property should it appear during the hearing that the value stated is too small.
      - MONEY TO RD -> TO NAT'L TREASURER
        Section 94. Custody and investment of fund.
        All money received by the Register of Deeds under the preceding section shall be paid to the National Treasurer.
        
        BARRED RECOVERY OF
        NON-NEGLIGENT-> DAMAGES
        PAID OUT OF ASSURANCE FUND
        Section 95. Action for compensation from funds.
        A person who,
        without negligence on his part,
        sustains loss or damage,
        or
        is deprived of land or any estate or interest therein in consequence of the bringing of the land under the operation of the Torrens system of arising after original registration of land,
        through fraud or in consequence of any error, omission, mistake or misdescription
        in any certificate of title
        or in any entry or memorandum in the registration book,
        and
        who by the provisions of this Decree is barred or otherwise precluded under the provision of any law from bringing an action for the recovery of such land or the estate or interest therein,
        may bring an action in any court of competent jurisdiction for the recovery of damages to be paid out of the Assurance Fund.
        
        KEPT & REPORTED
        He shall keep this money in an Assurance Fund which may be invested in the manner and form authorized by law, and shall report annually to the Commissioner of the Budget the condition and income thereof.
        
        500K MAX
        EXCEED -> NAT'L TREASURY
        The income of the Assurance Fund shall be added to the principal until said fund amounts to five hundred thousand pesos, in which event the excess income from investments as well as from the collections of such fund shall be paid into the National Treasury to the account of the Assurance Fund.