This case has been cited 1 times or more.
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2004-01-16 |
CORONA, J. |
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| In a series of cases,[10] this Court permitted the filing of an action for reconveyance despite the lapse of ten years and declared that said action, when based on fraud, is imprescriptible as long as the land has not passed to an innocent purchaser for value. But in all those cases including Vital vs. Anore[11] on which the appellate court based its assailed decision, the common factual backdrop was that the registered owners were never in possession of the disputed property. Instead, it was the persons with the better right or the legal owners of the land who had always been in possession of the same. Thus, the Court allowed the action for reconveyance to prosper in those cases despite the lapse of more than ten years from the issuance of title to the land. The exception was based on the theory that registration proceedings could not be used as a shield for fraud or for enriching a person at the expense of another.[12] | |||||