This case has been cited 2 times or more.
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2014-08-06 |
PERLAS-BERNABE, J. |
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| An action for reconveyance is one that seeks to transfer property, wrongfully registered by another, to its rightful and legal owner.[36]Thus, reconveyance is a remedy granted only to the owner of the property alleged to be erroneously titled in another's name.[37] | |||||
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2012-12-10 |
MENDOZA, J. |
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| In a number of cases, the Court has ordered reconveyance of property to the true owner or to the one with a better right, where the property had been erroneously or fraudulently titled in another person's name. In the present case, when Pacete procured OCT No. V-16654 in 1961, the disputed lot, being a portion covered by the said title, was already in possession of Asotigue. His predecessor-in-interest, Sumagad, had been occupying it since 1958. There was, therefore, an erroneous or wrongful registration of Asotigue's Lot 5-A of Lot 5, GSS-326, in favor of Pacete, who neither possessed nor occupied the same. Inasmuch as the latter had not passed the lot in question to an innocent purchaser for value, an action for reconveyance is proper. After all, the Torrens system was not designed to shield and protect one who had committed fraud or misrepresentation and, thus, holds title in bad faith.[16] | |||||