Flashcards Studio

On May 20, 2011, Ramon executed a private deed transferring a parcel of land to Maya; the deed was notarized but not registered. On June 30, 2030, the Legislature enacted the Retroactive Property Titles Act (RPTA), 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 2031, denied Maya’s application for registration on the ground that the transfer occurred before the Act and was not registered. Maya 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 RPTA’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 Maya is entitled to registration under the RPTA, stating the reasons and noting any liens or encumbrances that may affect title.