This case has been cited 3 times or more.
2014-06-30 |
SERENO, C.J. |
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Jurisprudence has defined an innocent purchaser for value as one who buys the property of another without notice that some other person has a right to or interest therein and who then pays a full and fair price for it at the time of the purchase or before receiving a notice of the claim or interest of some other persons in the property. Buyers in good faith buy a property with the belief that the person from whom they receive the thing is the owner who can convey title to the property. Such buyers do not close their eyes to facts that should put a reasonable person on guard and still claim that they are acting in good faith.[24] | |||||
2014-06-02 |
PERALTA, J. |
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An action for reconveyance resulting from fraud prescribes four years from the discovery of the fraud, which is deemed to have taken place upon the issuance of the certificate of title over the property, and if based on an implied or a constructive trust it prescribes ten (10) years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.[22] However, an action for reconveyance based on implied or constructive trust is imprescriptible if the plaintiff or the person enforcing the trust is in possession of the property.[23] In effect, the action for reconveyance is an action to quiet title to the property, which does not prescribe.[24] We said in Yared v. Tiongco:[25] | |||||
2014-04-23 |
PERALTA, J. |
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An action for reconveyance resulting from fraud prescribes four years from the discovery of the fraud and if it is based on an implied or a constructive trust it prescribes ten (10) years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.[32] However, an action for reconveyance based on implied or constructive trust is imprescriptible if the plaintiff or the person enforcing the trust is in possession of the property.[33] In effect, the action for reconveyance is an action to quiet the property title, which does not prescribe.[34] This Court held in Yared v. Tiongco:[35] |