This case has been cited 1 times or more.
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2000-02-03 |
YNARES-SANTIAGO, J. |
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| The wrong appellation of petitioners' complaint shall not mislead this Court as, in the determination of the nature of a complaint, its averments rather than its title, are the proper gauges.[42] A reading of the allegations of the complaint in Civil Case No. TG-1028 betrays petitioners' true intention in filing the case. In paragraph 15 of the complaint, petitioners alleged that they were "unduly deprived of their ownership and lawful possession of the land x x x due to the wrongful registration of the subject land in the name of the defendants by means of fraud and misrepresentations." Except for this general statement, the issue of fraud or misrepresentation is not alleged with particularity in the complaint.[43] This is unfortunate because, if filed within the time set by law, a complaint with the proper allegation of fraud coupled with proof thereof could cause the loss of the indefeasibility of private respondents' title to the property. It is established that if fraud attended the acquisition of title under the Torrens System, such title cannot be used as a means to perpetuate fraud against the rightful owner of real property.[44] | |||||