Hrs. of Rosa Dumaliang vs.

Serban (516 SCRA 343) Reconveyance is imprescriptible if title still in

name of person who caused wrongful registration
The real owner has the right to sue for reconveyance (an action in personam) of a property. The action is
imprescriptible if the land wrongfully registered is still in the name of the person who caused the
registration.
Pedrano vs. Hrs. Benedicto Pedrano
[G.R. No. 159666. December 4, 2007.] No prescription where no title issued
An action for the reconveyance of a parcel of land based on implied or constructive trust, as we have
already explained in this case, prescribes in 10 years, the point of reference being the date of registration
of the deed or the date of the issuance of the certificate of title of the property; however, where no OCT
has yet been issued despite an order from the court to title the lots, the date from whence the prescriptive
period could be reckoned is unknown and it could not be determined if indeed the period had already
lapsed or not. Thus, we agree with the CA that prescription has not yet set in.

Llemos vs. Llemos (513 SCRA 128)

Santos vs. Lumbao (519 SCRA 408) Reconveyance is imprescriptible where plaintiff is in
possession
An action for annulment of title/reconveyance based on fraud is imprescriptible where the plaintiff is in
possession of the property subject of the acts.
Antonio vs. Santos (538 SCRA 1) Reconveyance resulting from fraud prescribes 4 years from
discovery of fraud which discovery is deemed to have taken place upon issuance of certificate of
title
Note should be taken of the established doctrine that an action for reconveyance resulting from fraud
prescribes four (4) years from the discovery of the fraud. Such discovery is deemed to have taken place
upon the issuance of the certificate of title over the property. Registration of real property is considered
constructive notice to all persons, thus, the four-year period shall be counted therefrom.
Hrs. of Zoilo Espiritu vs. Landrito (520 SCRA 383) Reconveyance based on implied trust
prescribes 10 years after date of registration
An action for reconveyance prescribes 10 years from the date of registration of the certificate of sale if the
action is based on implied trust arising from a wrongful foreclosure with iniquitous interest. The principal
obligation still stands however the interest is set at 12% per annum which should be paid.

LACHES
Hrs. of Dumaliang vs. Serban (516 SCRA 343)
It is the better rule that courts under the principle of equity will not be guided by the doctrine of laches
when to do so, manifest wrong or injustice will result.
Llemos vs. Llemos (513 SCRA 128)
Laches cannot be used to defeat justice or perpetrate fraud or injustice.
DOro Land Realty & Devt. Corporation vs. Claunan (516 SCRA 681) Squatters cannot invoke
defense of laches
A squatter has no right of possession that may be prejudiced by his eviction. Unless there are intervening
rights of third persons which may be affected or prejudiced by a decision ordering the return of the lots to
the registered owner, the equitable defense of laches will not apply as against the latter.
Although a registered owner may lose his right to recover possession of his registered property by reason

of laches, the equitable defense is unavailing to one who has not shown any color of title to the property
such as a squatter.
Estate of the Late Jesus Yujuico vs. Republic (537 SCRA 513)
An action to recover lands of the public domain is imprescriptible. Such right however can be barred by
laches/estoppel under Sec. 32 of P.D. 1529 which recognizes the rights of innocent purchasers for value
above the interests of the government.
Taparuc vs. Loquellano vda. De Mende (512 SCRA 97)
A complaint for declaration of nullity of an alleged forged deed filed 29 years from execution was held
barred by laches.