This case has been cited 4 times or more.
|
2013-07-31 |
PERALTA, J. |
||||
| The established legal principle in actions for annulment or reconveyance of title is that a party seeking it should establish not merely by a preponderance of evidence but by clear and convincing evidence that the land sought to be reconveyed is his.[18] Article 434[19] of the Civil Code provides that to successfully maintain an action to recover the ownership of a real property, the person who claims a better right to it must prove two (2) things: first, the identity of the land claimed, and; second, his title thereto.[20] In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim.[21] | |||||
|
2011-06-08 |
VILLARAMA, JR., J. |
||||
| However, on motion for reconsideration, the Court issued a Resolution [48] dated December 14, 2007 which created a Special Division of the Court of Appeals to hear the consolidated cases on remand. The Special Division was tasked to hear and receive evidence, conclude the proceedings and submit to the Court a report on its findings as well as recommend conclusions within three months from the finality of said Resolution. However, to guide the proceedings before the Special Division, the Court laid the following definitive conclusions: … First, there is only one OCT 994. As it appears on the record, that mother title was received for transcription by the Register of Deeds on 3 May 1917, and that should be the date which should be reckoned as the date of registration of the title. It may also be acknowledged, as appears on the title, that OCT No. 994 resulted from the issuance of the decree of registration on [19] April 1917, although such date cannot be considered as the date of the title or the date when the title took effect. | |||||
|
2009-06-23 |
QUISUMBING, J. |
||||
| In successive registrations, where more than one certificate is issued in respect of a particular estate or interest in land, the person claiming under the prior certificate is entitled to the estate or interest; and the person is deemed to hold under the prior certificate who is the holder of, or whose claim is derived directly or indirectly from the person who was the holder of the earliest certificate issued in respect thereof.[27] | |||||