This case has been cited 3 times or more.
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2014-06-18 |
SERENO, C.J. |
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| According to PHES, the late announcement of the indicative price amounted to fraud. But PMO timely announced the indicative price on the day of the bidding pursuant to the ASBR.[17] Therefore, absent a clear and convincing evidence of fraud, and given that PMO followed the protocol, fraud on its part cannot be presumed.[18] | |||||
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2010-06-16 |
NACHURA, J. |
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| Fraud is deemed to comprise anything calculated to deceive, including all acts, omissions, and concealment involving a breach of legal or equitable duty, trust or confidence justly reposed, resulting in the damage to another or by which an undue and unconscionable advantage is taken of another.[30] It is a question of fact that must be alleged and proved. It cannot be presumed and must be established by clear and convincing evidence, not by mere preponderance of evidence.[31] The party alleging the existence of fraud has the burden of proof.[32] On the basis of the above disquisitions, this Court finds that petitioner has failed to discharge this burden. No matter how strong the suspicion is on the part of petitioner, such suspicion does not translate into tangible evidence sufficient to nullify the assailed transactions involving the subject MSCI Class "A" share of stock. | |||||
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2009-07-27 |
CARPIO, J. |
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| An action for reconveyance of property based on an implied or constructive trust is the proper remedy of an aggrieved party whose property had been erroneously registered in another's name.[11] The prescriptive period for the reconveyance of registered property is ten years, reckoned from the date of the issuance of the certificate of title. However, the ten-year prescriptive period for an action for reconveyance is not applicable where the complainant is in possession of the land to be reconveyed and the registered owner was never in possession of the disputed property.[12] In such a case, the action for reconveyance filed by the complainant who is in possession of the disputed property would be in the nature of an action to quiet title which is imprescriptible. [13] | |||||