This case has been cited 1 times or more.
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2002-02-27 |
BELLOSILLO, J. |
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| x x x a disseisin and its continuance by the defendant x x x x Plaintiff was not required and did not allege the source and kind of title under which it claimed, and under the complaint, it was at liberty to introduce proof of any legal title which it possessed. Conversely, the defendants were at liberty to introduce all legally admissible evidence tending to show that title was not in the plaintiff. Hence, they had the right to show that the legal title was in themselves. For, if legal title to the property were shown to be in the defendants, the evidence of the plaintiff that title belonged to it would certainly be met x x x x It must be furthermore remembered that x x x plaintiff is allowed to make up his complaint in an action to recover possession of land without disclosing the title which he intends to rely upon.[20] Second. We rule that neither the action for declaration of nullity of free patents and certificates of title of Lot 1015 and Lot 1017 nor the action for reconveyance based on an implied trust of the same lots has prescribed. We have ruled that "a free patent issued over private land is null and void, and produces no legal effects whatsoever. Quos nullum est, nullum producit effectum."[21] Moreover, private respondents' claim of open, public, peaceful, continuous and adverse possession of the two (2) parcels of land and its illegal inclusion in the free patents of petitioners and in their original certificates of title, also amounts to an action for quieting of title which is imprescriptible.[22] | |||||