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    Btsfa Case: G.R. NO. 139843. July 21, 2005 Gualberto, Et. Al. vs. Go, Et. Al

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    lyndon melvi sumiog
    This document discusses the law regarding actions for reconveyance of property based on implied or constructive trusts. It provides the following key points: 1) Generally, an action for reconveyance based on an implied or constructive trust prescribes (is no longer allowed after a certain period) after 10 years from the date of registration of the land title. 2) However, if the plaintiff has been in actual possession of the land, the 10-year limitation does not apply. Their right to seek reconveyance does not prescribe as long as they remain in possession. 3) In the present case, the respondents/plaintiffs have always been in possession of the subject property. Therefore, their action

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    Btsfa Case: G.R. NO. 139843. July 21, 2005 Gualberto, Et. Al. vs. Go, Et. Al

    Uploaded by

    lyndon melvi sumiog
    35 views2 pages
    This document discusses the law regarding actions for reconveyance of property based on implied or constructive trusts. It provides the following key points: 1) Generally, an action for reconveyance based on an implied or constructive trust prescribes (is no longer allowed after a certain period) after 10 years from the date of registration of the land title. 2) However, if the plaintiff has been in actual possession of the land, the 10-year limitation does not apply. Their right to seek reconveyance does not prescribe as long as they remain in possession. 3) In the present case, the respondents/plaintiffs have always been in possession of the subject property. Therefore, their action

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    BTSFA CASE

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    This document discusses the law regarding actions for reconveyance of property based on implied or constructive trusts. It provides the following key points: 1) Generally, an action for reconveyance based on an implied or constructive trust prescribes (is no longer allowed after a certain period) after 10 years from the date of registration of the land title. 2) However, if the plaintiff has been in actual possession of the land, the 10-year limitation does not apply. Their right to seek reconveyance does not prescribe as long as they remain in possession. 3) In the present case, the respondents/plaintiffs have always been in possession of the subject property. Therefore, their action

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views2 pages

    Btsfa Case: G.R. NO. 139843. July 21, 2005 Gualberto, Et. Al. vs. Go, Et. Al

    Uploaded by

    lyndon melvi sumiog
    This document discusses the law regarding actions for reconveyance of property based on implied or constructive trusts. It provides the following key points: 1) Generally, an action for reconveyance based on an implied or constructive trust prescribes (is no longer allowed after a certain period) after 10 years from the date of registration of the land title. 2) However, if the plaintiff has been in actual possession of the land, the 10-year limitation does not apply. Their right to seek reconveyance does not prescribe as long as they remain in possession. 3) In the present case, the respondents/plaintiffs have always been in possession of the subject property. Therefore, their action

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    BTSFA CASE

    FACTS

    ISSUES

    DOCUMENTARY EVIDENCE

    TESIMONIAL EVIDENCE

    LAW AND JURISPRUDENCE

    xxx. Generally, an action for reconveyance based on an implied or constructive trust, such as the instant
    case, prescribes in 10 years from the date of issuance of decree of registration. However, this rule does
    not apply when the plaintiff is in actual possession of the land. Thus, it has been held:

    ". . . [A]n action for reconveyance of a parcel of land based on implied or constructive trust prescribes in
    ten years, the point of reference being the date of registration of the deed or the date of the issuance of
    the certificate of title over the property, but this rule applies only when the plaintiff or the person
    enforcing the trust is not in possession of the property, since if a person claiming to be the owner
    thereof is in actual possession of the property, as the defendants are in the instant case, the right to
    seek reconveyance, which in effect seeks to quiet title to the property, does not prescribe. The reason
    for this is that one who is in actual possession of a piece of land claiming to be the owner thereof may
    wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right, the
    reason for the rule being, that 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."

    G.R. No. 129471. April 28, 2000 DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, v. COURT OF
    APPEALS and CARLOS CAJES as cited in G.R. NO. 139843. July 21, 2005 Gualberto, et. al.
    vs. Go, et. al.

    https://www.chanrobles.com/scdecisions/jurisprudence2005/jul2005/139843.php

    https://www.chanrobles.com/scdecisions/jurisprudence2005/jul2005/139843.php

    Notwithstanding the indefeasibility of the Torrens title, the registered owner can still be compelled
    under the law to reconvey the property registered to the rightful owner16 under the principle that the
    property registered is deemed to be held in trust for the real owner by the person in whose name it is
    registered.17 The party seeking to recover title to property wrongfully registered in another person’s
    name must file an action for reconveyance within the allowed period of time.

    An action for reconveyance based on an implied or constructive trust prescribes in ten (10) years from
    the issuance of the Torrens title over the property.18 There is, however, an exception to this rule where
    the filing of such action does not prescribe, i.e. when the plaintiff is in possession of the subject
    property, the action, being in effect that of quieting of title to the property, does not prescribe.19
     In the present case, the respondents, who are the plaintiffs in Civil Case No. 18421 (the action
    for annulment and cancellation of title filed in 2013), have always been in possession of the
    subject property. Worth noting are the CA’s findings on this respect:

    On the other hand, the continuous possession of the subject premises by the plaintiffs-appellees has not
    been denied or disputed by the defendants-appellants (sic).The possession in the concept of an owner
    by the plaintiffs-appellees has also been confirmed by witness Charlie Martin.20 (Emphasis ours)

    Considering that the action for annulment and cancellation of title filed by the respondents is
    substantially in the nature of an action for reconveyance based on an implied or constructive trust,
    combined with the fact that the respondents have always been in possession of the subject property, we
    shall treat Civil Case No. 18421 as an action to quiet title, the filing of which does not prescribe.

    G.R. No. 195443 September 17, 2014 JUANARIO G. CAMPIT vs. ISIDRA B. GRIP A, PEDRO BARDIAGA, and
    SEVERINO BARDIAGA, represented by his son ROLANDO BARDIAGA, Respondents.

    https://lawphil.net/judjuris/juri2014/sep2014/gr_195443_2014.html#fnt17

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