GR 104813; (October, 1993) (Digest)
G.R. No. 104813 October 21, 1993
HEIRS OF JOSE OLVIGA, NAMELY: PLACIDA S. OLVIGA, VIRGILIO OLVIGA, LOLITA OLVIGA, CARMENCITA O. ALPUERTO and JEANETTE OLILA, petitioners, vs. THE HON. COURT OF APPEALS, ANGELITA R. GLOR, SERILINA G. JAMON, EMELITA G. MADELA, EMAN G. MANALO, MYRNA GLOR, FELIPE GLOR, GAUDENCIO GLOR and CORNELIO GLOR, respondents.
FACTS
The case originated as an action for reconveyance filed by the heirs of Cornelio Glor (private respondents) against the heirs of Jose Olviga (petitioners) over a parcel of land known as Lot 13, Pls-84. The evidence established that in 1950, Eutiquio Pureza and his father cleared and cultivated the forest land. In 1956, the land was surveyed in Pureza’s name. In 1960, Pureza filed a homestead application and in 1961 transferred his rights to Cornelio Glor. However, in 1967, Jose Olviga obtained a registered title for the lot in a cadastral proceeding by fraudulently omitting the fact that other persons were in possession and claiming the land. The Glor family, the actual occupants, were unaware of the proceedings. In 1971, Olviga subdivided the title and later transferred Lot 13 to his daughter and son-in-law. The private respondents filed the action for reconveyance in 1989 after learning of Olviga’s title in 1988. Both the trial court and the Court of Appeals ruled in favor of the private respondents, ordering reconveyance.
ISSUE
Whether the action for reconveyance filed by the private respondents has prescribed.
RULING
No, the action has not prescribed. The Supreme Court affirmed the decision of the Court of Appeals. The Court ruled that an action for reconveyance based on an implied or constructive trust prescribes in ten years from the date of registration of the title, but this rule applies only when the plaintiff is not in possession of the property. If the plaintiff is in actual possession, the right to seek reconveyance, which seeks to quiet title, is imprescriptible. In this case, the private respondents and their predecessors-in-interest had been in actual, undisturbed possession of the land since 1950. Their cause of action accrued only in 1988 when they learned of the adverse claim upon their possession. Therefore, the action filed in 1989 was timely. The other issues raised by petitioners were deemed factual, and the findings of the lower courts, being supported by substantial evidence, were final.