24īased on the records, DAA Realty did not file any pleading before the RTC.įinding merit in MLI's assertions, the RTC issued the First RTC Order dismissing the Complaint on the ground of prescription of action and failure to pay the correct docket fees. Here, MLI stressed that the Complaint was filed in 2014, or more than ten (10) years after the issuance of DAA Realty's Torrens title in 1996. MLI further argued in its Answer that Petitioners' cause of action is already barred by prescription since an action for reconveyance of real property based on an implied constructive trust arising from fraud prescribes ten (10) years after the issuance of title in favor of the defrauder. In its Answer, 22 MLI claimed, among others, that it was an innocent purchaser for value since it relied on DAA Realty's TCT No. The payment of moral and exemplary damages, and attorney's fees at the rate of Php500,000.00 each.
Certificate of public conveyance full#
A full and complete accounting and remittance of all profits and income derived by MLI from the use of the disputed lot 20 andĥ. T-97059 and T-138212 respectively issued in the name of DAA Realty and MLI, and the subsequent issuance of a Torrens title in Petitioners' name 19Ĥ. The nullification of the 1996 DOAS and all subsequent transactions involving the disputed lot for being void ab initio 18ģ. The declaration of Petitioners as true and rightful owners of the disputed lot 17Ģ. (For Attorney's Fees and Litigation Expenses) 16īased on these causes of action, Petitioners prayed for the following reliefs:ġ. (For: Accounting and Remittance, if any, of ll Income and Profits vis-a-vis the ) 13 T-97059 and T-138212 and Any and All Transfers and Dealings Thereafter) 11 (Re: Declaration of Nullity Based on Double Sale (sic) of and TCT Nos. (For: Declaration of Plaintiffs' Ownership and Nullity of the and ) 10 In their Complaint, Petitioners stated their causes of action, as follows: On December 10, 2014, Petitioners filed a complaint before the RTC (Complaint) against Spouses Garcia, DAA Realty and MLI, as well as Philippine National Bank (PNB) to whom the disputed lot had been mortgaged. With this discovery, Petitioners immediately caused, on September 1, 2010, the annotation of their Affidavit of Adverse Claim on MLI's Torrens titles. Spouses Garcia as sellers and DAA Realty Corporation (DAA Realty) as buyer
T-77703 had been stamped "cancelled", and replaced by subsequent Torrens titles issued on the basis of the following transactions: 7 Date Upon further investigation, Petitioners learned that TCT No. (MLI) with other adjoining lots in Misibis, and sub-divided into smaller lots covered by several new Torrens titles. In 2010, when Petitioners resumed processing the transfer of the Torrens title to their names, they discovered that the disputed lot had been consolidated by Misibis Land, Inc. T-77703, but they were not able to cause the transfer of the Torrens title in their name since they lacked the Department of Agrarian Reform (DAR) clearance necessary to do so. They were successful in having the 1991 DOAS duly annotated on TCT No. T-77703, attempted to register the corresponding Deed of Absolute Sale dated Decem(1991 DOAS) with the Register of Deeds of Albay (RD). On April 6, 1992, Petitioners, armed with the original owner's duplicate copy of TCT No. Petitioners paid the taxes arising from the transaction. On December 9, 1991, Petitioners purchased from Oscar and Cidra Garcia (Spouses Garcia) a parcel of land (disputed lot) in Misibis, Cagraray Island, Albay with an area of 6.4868 hectares, covered by Transfer Certificate of Title (TCT) No. Order 3 dated Decem(Second RTC Order) denying Petitioners' motion for reconsideration. Valdellon (Petitioners) on the ground of prescription and lack of jurisdiction andĢ.
Order 2 dated Octo(First RTC Order) dismissing the complaint filed by petitioners Mercedes S.
Certificate of public conveyance trial#
This is a petition for review on certiorari 1 (Petition) filed under Rule 45 of the Rules of Court against the following orders issued by the Regional Trial Court (RTC) of Tabaco City, Branch 15 in Civil Case No.
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