This case has been cited 5 times or more.
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2015-09-16 |
JARDELEZA, J. |
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| An action for reconveyance is a legal and equitable remedy granted to the rightful owner of land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him.[40] In an action for reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the transfer of the property, which has been wrongfully or erroneously registered in another person's name, to its rightful and legal owner, or to one with a better right.[41] However, such recourse cannot be availed of once the property has passed to an innocent purchaser for value. For an action for reconveyance to prosper, the property should not have passed into the hands of an innocent purchaser for value.[42] | |||||
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2014-06-02 |
PERALTA, J. |
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| An action for reconveyance resulting from fraud prescribes four years from the discovery of the fraud, which is deemed to have taken place upon the issuance of the certificate of title over the property, and if based on an implied or a constructive trust it prescribes ten (10) years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.[22] However, an action for reconveyance based on implied or constructive trust is imprescriptible if the plaintiff or the person enforcing the trust is in possession of the property.[23] In effect, the action for reconveyance is an action to quiet title to the property, which does not prescribe.[24] We said in Yared v. Tiongco:[25] | |||||
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2014-04-23 |
PERALTA, J. |
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| An action for reconveyance resulting from fraud prescribes four years from the discovery of the fraud and if it is based on an implied or a constructive trust it prescribes ten (10) years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.[32] However, an action for reconveyance based on implied or constructive trust is imprescriptible if the plaintiff or the person enforcing the trust is in possession of the property.[33] In effect, the action for reconveyance is an action to quiet the property title, which does not prescribe.[34] This Court held in Yared v. Tiongco:[35] | |||||
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2007-12-12 |
PUNO, CJ. |
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| The trial court correctly held that the instant cases involve actions for reconveyance.[31] An action for reconveyance respects the decree of registration as incontrovertible but seeks the transfer of property, which has been wrongfully or erroneously registered in other persons' names, to its rightful and legal owners, or to those who claim to have a better right.[32] There is no special ground for an action for reconveyance. It is enough that the aggrieved party has a legal claim on the property superior to that of the registered owner[33] and that the property has not yet passed to the hands of an innocent purchaser for value.[34] | |||||
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2007-11-22 |
QUISUMBING, J. |
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| Note, however, should be taken of the established doctrine that an action for reconveyance resulting from fraud prescribes four years from the discovery of the fraud. Such discovery is deemed to have taken place upon the issuance of the certificate of title over the property. Registration of real property is considered a constructive notice to all persons, thus, the four-year period shall be counted therefrom.[12] It appears that OCT No. 108 was issued to respondents by the Register of Deeds for Metro Manila on May 20, 1977. From the time of registration of the land in the name of respondents on May 20, 1977 to the filing of the complaint on September 19, 1988, more than four years had already elapsed. Hence, it cannot be denied that petitioner's action had already prescribed. | |||||