ltd 082312

7/28/2019 Ltd 082312

1/3

Shauna HerreraLAND TITLES AND DEEDS-J. SERRANO 2012

1

August 23, 2012LECTURE NOTES

RECONVEYANCE AND DAMAGES

Remedy of reconveyanceAfter the 1yr from the issuance or entry fo decree of

registrationIt becomes controvertibelWhats the next remedy? Action for reconveyanceWhat is this action?

When land has been wrongfully under the torrenssystemAnd for as long as title stands in the name of theperson or real owner prejudiced ther is equitableremedy of reconveyanceIn the. Ase of labanon vs labnon 160711gr noSc said that the. Re possesion of cert of title underthe torrens does not make ppossessor ture owner ofall property described thereinIt is evident that the petitioner owns the property inquesitons

Remedy of land owner's propert is erroneuolsyregistered after 1yr after decreeBt respecting the decree as incontrovertibel and nolonger open to review for reconveyance

Decree of reg is already respected as incontrovertibleAsk court be property be reconveyed or transferred;action for reconveyanceHowever there is a proviso that the and has not yetbeen transferred to an innocent ourchaser for valueNext available remedy: action for damages

Essence: decree of reg is respected is

incontrovertibleOne with a better right

Remedy? It is an ordinary civil actionAction in personam/personal action

Case between larties; plaintiff and defendantsWho ar ebound? Only parties to the caseMy the land be solved by the defendant?Yes. He hAs the title eh. Danger there because it maybe considered to be transferred to innocent purchaserfor valueWhat is your remed? Damages so thT it cannolt betransferred to ipv

Petition for annontation of notice of lispemdence-landis the subj of pending case therefore any person willbe notified of the attending case sec76-77You also file with the register of deeds

So that he would be bound by the judgementrendered by court in action fro reconveyance

Reconveyance may be asserted in a counterplain-against plaintiff in the same proceedingsWhen may the action be filed? After 1yr from entry ofdecreeWhere? Rtc having territorial jurisdiction of land

4 grounds1. Cntractual fraud-as a ground of annulment ofcontract-voidable- may be the cause

2. Breach of express trust-agreement bet trutor andtrustee and beneficiary-trust is created3. Implied3. Void contractPrescription depending on the basis of the actionExpress trust- not prescriptible as long as the landremains in the name of trustee

Void contract-imprescriptible/not subject toprescription assigns and manalo vs canlasLacsamana vs caFictitious deed of sale. The signature of seller in the

deed of formsVoid ocntract-no consent-requisites ofcalid contract

What about based on voidable? Fraud? YES. 4yrsfrom discovery of fraud from registration or issuanceof certificate of titleFraud-no trust created between the eprsonresponsibel for fraud and real ower

Implied trust2 kinds-resulting trust and constructive trust-both may

be an action for reconveyance-prescriptionapplicable? YES but the ruling is subject toexceptionsImplied-10yrs-applies if plaintiff is not in actualpossession of property

Ex of mplied trust: marquez vs caFather misrepresented that he was the ony heir of hisdeceased wife although thhey have children who arestill aliveSc : a constructive trust was created art1456In order to prevent unjust enrichmentHe deprived his children of property owned by wifeHw can they recover? Thru an actionfor

reconveyance basis? Constructive trust or impliedtrust-prescriptive period? 10yrs from issuance of cert

of titleWhen it was issued in the name of trustee under an

implied trustOnly 9yrs had expired from the title was issued tomarquez. Nt yet prescribed

Qualification: if the plaintiff is still in actual possessionof v gr144225Sc an action fro recon prescribes in 10yrs. The 10yrapplies only there is actual need to reconvey the

property as the plaintiff is not in possession of thepropertyWhat is required? Need to reconvey.10yrsPlaintiff in poossession-no need to reconvey

Does not run against the plaintiffIn such a case, an action will be a suit for quieting oftitle

What are the actions not subject to prescription?1. Express trust as long as the name is in trustee2. Based on void contract der the civil code3. Fraud as voidable contract

4. Implied trust if the plaintiff is not in popssession ofthe landor property

7/28/2019 Ltd 082312

2/3


2

If it is inpossession of plaintiff, period of prescriptiondoes not run

Prvided that land has not yet been transferred to ipv

Acrion for recon is no longer availableWhat remedy? Action for damages

Against oerpetrator of fraudRequisites1. Person was unlawfully deprived of title by regNo negligence n the part of c laimant

He is barred from recovering the land by reconThe action has not prescribed

Concept of status of ipvSec32A petition to reopen or review will not be available een if there is actual fraud if it is already trasnferred toipv; same as reconThe concept of ipv also applies in the ca of doctrinethat it may be the root of

Hw sps mathay vs ca 11578839-56; 112

Sec32par2Ipv whenevr...includes lessee mortgagee or

encumbrancer for valueLaw recognizes the staus as ipvIpv-legarda vs caPurchaser in good faith and for falue-he is one whobuys property of another without notice that someother person has aright to ir interest in such propertythat pays in full price blahblahGoodfaith consists in an honest intention in taking

anuncnsentious advantage over nother

Innocent purchaser for valuePurchaser-innocent lessee, mortgagee-does not

acquire title: he is not purchaser but it is included insec32, encumbrancer for falue-attaching creditor or a

judgment creditorInnocent/purchaser in gf-person does not haveknowledge or notice that some other person has aright to or interest in the porpertyActual knowledge is equivalent to registrationFor value-it must pay a fair price and fully paid

Fair price-knowing the market value of propertyPurchase price must be fully paid at the time lf thepurchaseIn the case of sps mathay vs ca reiterated

As a rule he who aserts the status of purchaser in gfhas burden of proving such assertionCan a buyer just say i have a resumption in gf?Everyone is presumed in good faith. Can you invokethat?YOU CAN NOT INVOKE the presumption that youacted in gf. Yu have to prove by evidence that yourean ipv. Cannot rely on the action that you are in gf

Cannot be dsicharged by mere invocation of gf.You have to prove that you do not have no notice orright to or interest in the property

Mirror DoctrineSignificance: can you see your face? Possible.why doyou want to see your face? To know the condition bylooking at the mirrorYu use mirror to find out the status and condition ofyour face

And by using the mirror do you need to go beyond themirror? No.The mirror is equivalent to cert oftitle why? Tells youthe status and condition of thebland how? Principle

that only liendps and encumbrances if they are noted ithe titleIf not noted, no claim or interest of a third persnCan you rely on cert of title without lienap andencumbrance? Yu are considered in good faithMirror doctirine -purchaser in good faithHa the right to tely n the certificate of titleIf there are such rights indicated in the titlePrinciple: every person dealing with reg land maysafely rely on the correctness of titled issued thereforeand the law may oblige him to go beyon to know the

status and condition of the property-relied to aninnocent purchaser in good faith correlate with sec44-free fom liens and encumbrances except those notedor those liens reserved by law

Exceptions to the mirror doctrine21. When the party has actual knowledge of facts andcircumstances that to make such inquiry to induce aprudent man to inquire such t itle2. Omegan vs pnb: does not apply to banks orfinancial institutionsThe business of a bank one affected with public

interestBank has to investigate the collaterals of a

perspective borrower; bank cannot invoke mthe mirrordoctrine 161319 jan23, 2007

Certificate of t itle-cert of ownership issued by reg of deeds under thetorrens b lahblahIt declares the owner free from all liens andencumbrances or those noted thereforeSerrano et al vs sps gutierrez 162366 nov10, 2006Sc: cert fo title best proof of ownership on a piece of

landSps camara vs malabao: declaration of propertycannot defeat a cert of title as the latter is theabsolute and indefeasible evidence of ownership

INDEFEASIBLE

How id this issued?Sec39 in relation sec31-32After judgmentCourt order

Duplicate: owner's duplicate of cert of title-reg owner

Orig copy: register of deeds

7/28/2019 Ltd 082312

3/3


3

Shall be filed in the register of deeds and bound incnsecutive orderTogether with similar cert of title ans those boundsshal consistute book of registry-sec42

Owned in common-co-owner's duplicate cert oftitleSec41- voluntary transaction lke sale, mortgage-all

must be surrendered for purposes of registration

After the issuance of orig, the land subject ofovluntary or involuntary transactions-it will be

cancelled; issued to the buyerTransfer cert of title-sec43How many times? Once because subsequenttransaction-transfer certificate of titleWhat should be stated? Sec45Name civil status, name of spouseTitle-technical description of title

As evidence of title: shows the status and personwhom title is vested*******what is the rule if 2 cert o title are issued in the

name of 2diff persons covering the same title land?1st rule: the person whose cert of title bears an earlierdate prevailsPrimus tempore focio jure: first in time stronger inright

Sec49-50Splitting and consolidation of titlesA person owns a big parcel of land and is covered byone land but. Wants to subdivide so each have cert oftitle:SUBDIVISIONProcedure: written request to register of deeds andsubmit a duly approved subdivision plan

Wo should approe? Depends if it is simple or complexGet it after a survey

Describe each lot will have its own technicaldescription-distinct cert o title

Simple-7 cert of title-Complex-more than 7;8 and above-housing land huesregulatory board

Cnsolidation-owner of several lots-What should be filed? Written request filed in theregistry of deeds and submission of approvedconsolidation plan approved by lra

May not order or change any modification oramendment or any decree or plan under the torrenssystem nor order cancellation of said certifcate of title

Sec48-direct and collateral attackDealings with reg land-sec51

ltd 082312

Documents