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Source Probation Law Section 19. Probation Administration Showing the closest available flashcard practice.
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0 tracked cards Civil Law and Land Titles and Deeds
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Question

On May 1, 2016, Adolfo executed a private deed of sale transferring Lot 27 to Bea; the deed was notarized but not registered. Adolfo later died, leaving Bea as purchaser in possession. On December 31, 2025, the Legislature enacted the Retroactive Land Titles Act (RLTA), which provides: (i) retroactive effect to all land transfers evidenced by a valid contract of sale and payment of taxes, even if not registered as of its effectivity date; (ii) upon filing an application for registration before the Register of Deeds, the transferee shall be issued an owner’s title, subject to existing liens; (iii) this Act shall apply to all pending applications as of the effective date. The Register of Deeds, in 2026, denied Bea’s application for registration on the ground that the sale occurred before the Act and was not registered. Bea sues for registration. (a) Identify the controlling doctrine on retroactivity of laws under the Civil Code and state the effect of Article 4 on this statute. (b) Decide whether RLTA’s retroactivity clauses apply to pending applications and to pre-existing unregistered transfers, and explain any limitations. (c) Apply to the facts and determine whether Bea is entitled to registration under RLTA, stating the reasons and noting any liens or encumbrances that may affect title.

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