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SIXTO ANTONIO v. SPS. SOFRONIO SANTOS AND AURORA SANTOS

This case has been cited 2 times or more.

2012-04-11
VILLARAMA, JR., J.
An action for annulment of title or reconveyance based on fraud is imprescriptible where the plaintiff is in possession of the property subject of the acts.[35]  The totality of the evidence on record established that it was petitioners who are in actual possession of the subject property; respondents merely insinuated at occasional visits to the land.  However, for an action for reconveyance based on fraud to prosper, this Court has held that the party seeking reconveyance must prove by clear and convincing evidence his title to the property and the fact of fraud.[36]
2009-01-27
AUSTRIA-MARTINEZ, J.
(e) Did the Court of Appeals commit a very grave error when it reversed the Resolution of the RTC and reinstated the decision of the MTC?[16] It is well-settled that in order for an action for reconveyance based on fraud to succeed, the party seeking reconveyance must prove by clear and convincing evidence his title to the property and the fact of fraud.[17]