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MODESTO LEOVERAS v. CASIMERO VALDEZ

This case has been cited 4 times or more.

	GR No. 202632 2015-07-08	ROBERTO STA. ANA DY v. BONIFACIO A. YU PERLAS-BERNABE, J.
It is well to point out that an action for reconveyance - as in Roberto's Recovery Case is a legal and equitable remedy granted to the rightful land owner whose land was wrongfully or erroneously registered in the name of another, to compel the registered owner to transfer or reconvey the land to him.[120] By fraudulently including in his application for the registration of title over Lot 1519 the disputed portion, i.e., Lot 1519-A, in his name, Roberto holds the title to said portion in trust for the benefit of Rosario as the true owner.[121] Indeed, registration does not vest title but merely confirms or records title already existing and vested.[122] Thus, not being the owner of the subject portion, Roberto could not have transferred ownership thereof to his children, petitioners Jose and Alteza. As succinctly held in Spouses Lopez v. Spouses Lopez:[123]
	GR No. 205867 2015-02-23	MARIFLOR T. HORTIZUELA v. GREGORIA TAGUFA MENDOZA, J.
In this case, in filing the complaint for reconveyance and recovery of possession, Hortizuela was not seeking a reconsideration of the granting of the patent or the decree issued in the registration proceedings. What she was seeking was the reconveyance of the subject property on account of the fraud committed by respondent Gregoria. An action for reconveyance is a legal and equitable remedy granted to the rightful landowner, whose land was wrongfully or erroneously registered in the name of another, to compel the registered owner to transfer or reconvey the land to him.[25] Thus, the RTC did not err in upholding the right of Hortizuela to ask for the reconveyance of the subject property. To hold otherwise would be to make the Torrens system a shield for the commission of fraud. To reiterate,
	GR No. 175428 2013-04-15	RICARDO CHU v. MELANIA CAPARAS BRION, J.
In light of the above, the petitioners' action against Caparas and the spouses Perez for reconveyance, based on trust, must fail for lack of basis. An action for reconveyance is a legal and equitable remedy that seeks to transfer or reconvey property, wrongfully registered in another person's name, to its rightful owner.[34] To warrant reconveyance of the land, the plaintiff must allege and prove, among others,[35] ownership of the land in dispute and the defendant's erroneous, fraudulent or wrongful registration of the property.[36]
	GR No. 189647 2012-02-06	NANCY T. LORZANO v. JUAN TABAYAG REYES, J.
That the subject property was not registered under the name of the heirs of Tabayag prior to the issuance of OCT No. 1786 in the name of the petitioner would not effectively deny the remedy of reconveyance to the former. An action for reconveyance is a legal and equitable remedy granted to the rightful landowner, whose land was wrongfully or erroneously registered in the name of another, to compel the registered owner to transfer or reconvey the land to him.[35]