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HEIRS OF POMPOSA SALUDARES v. CA

This case has been cited 4 times or more.

	GR No. 161360 2011-10-19	ESTRELLA TIONGCO YARED SUBSTITUTED BY CARMEN M. TIONGCO v. JOSE B. TIONGCO VILLARAMA, JR., J.
However, there is an exception to this rule. In the case of Heirs of Pomposa Saludares v. Court of Appeals,[27] the Court reiterating the ruling in Millena v. Court of Appeals,[28] held that there is but one instance when prescription cannot be invoked in an action for reconveyance, that is, when the plaintiff is in possession of the land to be reconveyed. In Heirs of Pomposa Saludares,[29] this Court explained that the Court in a series of cases,[30] has permitted the filing of an action for reconveyance despite the lapse of more than ten (10) years from the issuance of title to the land and declared that said action, when based on fraud, is imprescriptible as long as the land has not passed to an innocent buyer for value. But in all those cases, the common factual backdrop was that the registered owners were never in possession of the disputed property. The exception was based on the theory that registration proceedings could not be used as a shield for fraud or for enriching a person at the expense of another.
	GR No. 170318 2009-01-15	JOSEPH REMENTIZO v. HEIRS OF PELAGIA VDA. DE MADARIETA CARPIO, J.
There is but one instance when prescription cannot be invoked in an action for reconveyance, that is, when the plaintiff or complainant (Madarieta or respondents in this case) is in possession of the land to be reconveyed,[16] and the registered owner was never in possession of the disputed property. In such a case, the Court has allowed the action for reconveyance to prosper despite the lapse of more than 10 years from the issuance of the title to the land.[17]
	GR NO. 169129 2007-03-28	SPS. VIRGILIO F. SANTOS v. SPS. JOSE LUMBAO CHICO-NAZARIO, J.
The defense of prescription of action and laches is likewise unjustifiable. In an action for reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the transfer of the property or its title which has been wrongfully or erroneously registered in another person's name to its rightful or legal owner, or to the one with a better right. It is, indeed, true that the right to seek reconveyance of registered property is not absolute because it is subject to extinctive prescription. However, when the plaintiff is in possession of the land to be reconveyed, prescription cannot set in. Such an exception is based on the theory that registration proceedings could not be used as a shield for fraud or for enriching a person at the expense of another.[30]
	GR NO. 167412 2006-02-22	JUANITA NAVAL v. CA YNARES-SANTIAGO, J.
As correctly held by the Court of Appeals, notwithstanding the indefeasibility of the Torrens title, the registered owner may still be compelled to reconvey the registered property to its true owners. The rationale for the rule is that reconveyance does not set aside or re-subject to review the findings of fact of the Bureau of Lands. In an action for reconveyance, the decree of registration is respected as incontrovertible. What is sought instead is the transfer of the property or its title which has been wrongfully or erroneously registered in another person's name, to its rightful or legal owner, or to the one with a better right.[40]