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GAUDENCIO PACETE v. INOCENCIO ASOTIGUE

This case has been cited 4 times or more.

2015-08-05
JARDELEZA, J.
An action for reconveyance is always available as a remedy for a rightful owner to retrieve his property for as long as the same has not passed to an innocent purchaser for value.[66] An innocent purchaser for value is one who buys the property of another without notice that some other person has a right to or interest in it, and who pays a full and fair price at the time of the purchase or before receiving any notice of another person’s claim.[67]
2014-09-29
REYES, J.
"[I]t is a settled rule that the Land Registration Act protects only holders of title in good faith, and does not permit its provision to be used as a shield for the commission of fraud, or as a means to enrich oneself at the expense of others."[36]
2014-06-04
MENDOZA, J.
Reconveyance is based on Section 55 of Act No. 496, as amended by Act No. 3322, which states that in all cases of registration procured by fraud the owner may pursue all his legal and equitable remedies against the parties to such fraud, without prejudice, however, to the rights of any innocent holder for value of a certificate of title.[15] It is an action in personam available to a person whose property has been wrongfully registered under the Torrens system in another's name.[16] It does not seek to set aside the decree but, respecting it as incontrovertible and no longer open to review, seeks to transfer or reconvey the land from the registered owner to the rightful owner.[17] Reconveyance is always available as long as the property has not passed to an innocent third person for value.[18]
2014-04-07
PERLAS-BERNABE, J.
The essence of an action for reconveyance is to seek the transfer of the property which was wrongfully or erroneously registered in another person's name to its rightful owner or to one with a better right.[49] Thus, it is incumbent upon the aggrieved party to show that he has a legal claim on the property superior to that of the registered owner and that the property has not yet passed to the hands of an innocent purchaser for value.[50]