Flashcards Studio

On March 3, 2015, Diego signed a private deed transferring Parcel Alpha to Sofia; the deed is not notarized and has not been registered. On July 15, 2027, the Retroactive Transfer Recognition Act (RTR Act) is enacted, providing: (i) retroactive effect to all transfers evidenced by a valid contract 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 2028, denied Sofia’s application for registration on the ground that the transfer occurred before the Act and was not registered. Sofia 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 the RTR Act’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 Sofia is entitled to registration under the RTR Act, stating the reasons and noting any liens or encumbrances that may affect title.