This case has been cited 9 times or more.
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2013-03-05 |
BERSAMIN, J. |
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| In this connection, too, we reiterate that we cannot disturb but must respect the ruling of the CSC that deals with specific cases coming within its area of technical knowledge and expertise,[26] absent a clear showing of grave abuse of discretion on its part. That clear showing was not made herein. Such deference proceeds from our recognition of the important role of the CSC as the central personnel agency of the Government having the familiarity with and expertise on the matters relating to the career service. | |||||
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2011-09-14 |
LEONARDO-DE CASTRO, J. |
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| As aptly observed by the appellate court, the party thus aggrieved has the right to recover his or their title over the property by way of reconveyance while the same has not yet passed to an innocent purchaser for value.[41] As we held in Medizabel v. Apao,[42] the essence of an action for reconveyance is that the certificate of title is respected as incontrovertible. What is sought is the transfer of the property, in this case its title, which has been wrongfully or erroneously registered in another person's name, to its rightful owner or to one with a better right. It is settled in jurisprudence that mere issuance of the certificate of title in the name of any person does not foreclose the possibility that the real property may be under co-ownership with persons not named in the certificate or that the registrant may only be a trustee or that other parties may have acquired interest subsequent to the issuance of the certificate of title.[43] | |||||
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2010-08-04 |
NACHURA, J. |
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| In Mendizabel v. Apao,[13] we treated a similar action for reconveyance as an action to quiet title, explaining, thus: The Court has ruled that the 10-year prescriptive period applies only when the person enforcing the trust is not in possession of the property. If a person claiming to be its owner is in actual possession of the property, the right to seek reconveyance, which in effect seeks to quiet title to the property, does not prescribe. The reason is that the one who is in actual possession of the land claiming to be its owner may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. His undisturbed possession gives him a continuing right to seek the aid of a court of equity to ascertain and determine the nature of the adverse claim of a third party and its effect on his own title, which right can be claimed only by one who is in possession. | |||||
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2010-03-05 |
VELASCO JR., J. |
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| Civil Case No. 102-97, judging from the averments in the underlying complaint, is basically a suit for recovery of possession and eventual reconveyance of real property which, under BP 129, as amended, falls within the original jurisdiction of either the RTC or MTC. In an action for reconveyance, all that must be alleged in the complaint are two facts that, admitting them to be true, would entitle the plaintiff to recover title to the disputed land, namely: (1) that the plaintiff is the owner of the land or has possessed the land in the concept of owner; and (2) that the defendant has illegally dispossessed the plaintiff of the land.[29] A cursory perusal of private respondents' complaint readily shows that that these requisites have been met: they alleged absolute ownership of the subject parcel of land, and they were illegally dispossessed of their land by petitioner. The allegations in the complaint, thus, make a case for an action for reconveyance. | |||||
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2009-12-14 |
CARPIO MORALES, J. |
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| The registration of a property in one's name, whether by mistake or fraud, the real owner being another, impresses upon the title so acquired the character of a constructive trust for the real owner.[32] The person in whose name the land is registered holds it as a mere trustee, and the real owner is entitled to file an action for reconveyance of the property.[33] The Torrens system does not protect a usurper from the true owner.[34] | |||||
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2009-07-27 |
CARPIO, J. |
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| In this case, respondent who has been in possession of the disputed property since 1940, by himself and through his predecessors-in-interest, is not barred from bringing the action for reconveyance, which in effect seeks to quiet title to the property, against petitioners whose claim to the property is based merely on their certificate of title which mistakenly included respondent's property. Respondent has a better right to the disputed property since he and his predecessors-in-interest had long been in possession of the property in the concept of owner. Petitioners only took possession of the disputed property sometime in 1991 when they realized upon partition of Lot No. 450 that the certificate of title issued to them included the disputed property. Reconveyance is just and proper to end the intolerable anomaly that the patentees should have a Torrens title for the land which has never been in their possession and which have been possessed by another person in the concept of owner.[16] | |||||
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2009-07-13 |
NACHURA, J. |
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| We have held in prior cases that the order or decision granting an application for a free patent can be reviewed only within one year from its issuance on the ground of actual fraud via a petition for review in the Regional Trial Court, provided that no innocent purchaser for value has acquired the property or any interest thereon. However, an aggrieved party may still file an action for reconveyance based on implied or constructive trust, but the right of action prescribes in 10 years counted from the date of the issuance of the certificate of title over the property, provided that it has not been acquired by an innocent purchaser for value.[15] This 10-year prescriptive period applies only when the person enforcing the trust is not in possession of the property. If the person claiming to be its owner is in actual possession thereof, the right to seek reconveyance, which in effect is an action to quiet title thereto, does not prescribe.[16] | |||||
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2008-07-31 |
CARPIO, J. |
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| Under the principle of constructive trust, registration of property by one person in his name, whether by mistake or fraud, the real owner being another person, impresses upon the title so acquired the character of a constructive trust for the real owner, which would justify an action for reconveyance.[29] In the action for reconveyance, the decree of registration is respected as incontrovertible but what is sought instead is the transfer of the property wrongfully or erroneously registered in another's name to its rightful owner or to one with a better right.[30] If the registration of the land is fraudulent, the person in whose name the land is registered holds it as a mere trustee, and the real owner is entitled to file an action for reconveyance of the property.[31] | |||||
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2008-07-28 |
AUSTRIA-MARTINEZ, J. |
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| We find that reconveyance of the subject land to respondents is proper. The essence of an action for reconveyance is that the free patent and certificate of title are respected as incontrovertible. What is sought is the transfer of the property, which has been wrongfully or erroneously registered in another person's name, to its rightful owner or to one with a better right.[24] | |||||