Reconveyance
Reconveyance
Reconveyance
Tax declarations are not direct proof of ownership, unless accompanied by proof of actual
possession for the required period (previously public land)
1
Javelosa v. Tapus, G.R. No. 204361, July 4, 2018.
2
G.R. No. 142766, June 15, 2007.
Under the principle of constructive trust, registration of property by one person in his
name, whether by mistake or fraud, the real owner being another person, impresses upon
the title so acquired the character of a constructive trust for the real owner, which would
justify an action for reconveyance. In the action for reconveyance, the decree of
registration is respected as incontrovertible but what is sought instead is the transfer of
the property wrongfully or erroneously registered in another's name to its rightful owner
or to one with a better right. If the registration of the land is fraudulent, the person in
whose name the land is registered holds it as a mere trustee, and the real owner is
entitled to file an action for reconveyance of the property.[58] (emphasis supplied)
It is settled that in an action for reconveyance, the free patent and the certificate of title
are respected as incontrovertible. What is sought instead is the transfer of the title to the
property, which has been wrongfully or erroneously registered in the defendant's name.
All that is needed to be alleged in the complaint are two (2) crucial facts, namely, (1) that
the plaintiff was the owner of the land, and (2) that the defendant had illegally
dispossessed him of the same. Therefore, the claimant/complainant has the burden of
proving ownership over the registered land.[63] Respondent, however, failed to discharge
such burden.
Wherefore:
2. Ordering x x x Dominic Gutierrez to reconvey in favor of the Heirs of Alfredo C[u]llado the land
covered and embraced by Katibayan ng Orihinal na Titulo Blg. P- 61499.