This case has been cited 2 times or more.
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2009-07-27 |
CARPIO, J. |
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| An action for reconveyance of property based on an implied or constructive trust is the proper remedy of an aggrieved party whose property had been erroneously registered in another's name.[11] The prescriptive period for the reconveyance of registered property is ten years, reckoned from the date of the issuance of the certificate of title. However, the ten-year prescriptive period for an action for reconveyance is not applicable where the complainant is in possession of the land to be reconveyed and the registered owner was never in possession of the disputed property.[12] In such a case, the action for reconveyance filed by the complainant who is in possession of the disputed property would be in the nature of an action to quiet title which is imprescriptible. [13] | |||||
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2008-09-03 |
CORONA, J. |
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| Under the cadastral system, the government initiates the proceedings for the compulsory registration of lands within a stated area by filing a petition in court against the holder, claimants, possessors or occupants of such lands.[19] All claimants are compelled to act and present their answers otherwise they lose their right to own their property.[20] The purpose is to serve public interest by requiring that the titles to the lands "be settled and adjudicated."[21] Notice of the filing of the petition is published in the Official Gazette.[22] During the trial, conflicting claims are presented and the court adjudicates ownership in favor of one of the claimants.[23] When the decision becomes final, the court orders the issuance of the decree of registration which, in turn, becomes the basis for the issuance of a certificate of title.[24] | |||||