This case has been cited 2 times or more.
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2015-08-05 |
JARDELEZA, J. |
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| An action for reconveyance based on an implied trust prescribes in ten years, the reckoning point of which is the date of registration of the deed or the date of issuance of the certificate of title over the property.[52] However, if the plaintiff also remains in possession of the same, as in this case, the prescriptive period to recover title and possession of the property does not run against him. In such a case, an action for reconveyance, if nonetheless filed, would be in the nature of a suit for quieting of title, an action that is imprescriptible:[53] | |||||
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2011-11-22 |
VELASCO JR., J. |
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| Undeniably, the operative fact doctrine is a rule of equity.[17] As a complement of legal jurisdiction, equity "seeks to reach and complete justice where courts of law, through the inflexibility of their rules and want of power to adapt their judgments to the special circumstances of cases, are incompetent to do so. Equity regards the spirit and not the letter, the intent and not the form, the substance rather than the circumstance, as it is variously expressed by different courts."[18] Remarkably, it is applied only in the absence of statutory law and never in contravention of said law.[19] | |||||