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Public International Law (Vol. I & II) Public International Law (Vol. I & II)
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Civil Law and Land Titles and Deeds
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Question
(a) Identify the Operative Fact Doctrine and state the controlling rule governing acts performed under a repealed or amended land-registration law.
(b) Apply the doctrine to the following facts: On March 9, 2004, D executed a mortgage of Lot No. 45, Block 12, to E to secure a loan, under the Land Registration Act then in force. The mortgage was properly annotated on D's Transfer Certificate of Title, and D remained in possession with the mortgagee's consent. On August 1, 2010, the statute was repealed and replaced by a new Land Registration Law. In 2023, F challenges E's mortgage as void due to repeal. Decide whether E's mortgage remains valid or not under the Operative Fact Doctrine, and explain the effect on F's claim.