Sample Complaint Complete For Reconveyance Philippines
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FAQ
Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. In extraordinary prescription ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty years without need of title or of good faith.
Should that be the case, the applicable provisions are Articles 1390 and 1391 of the Civil Code. Thus, an action for reconveyance and cancellation of title prescribes in 10 years from the time of the issuance of the Torrens title over the property.
In an action for reconveyance, the parties are obliged to prove their ownership over the property. Necessarily, the parties may present evidence to support their claims. The court must weigh these pieces of evidence and decide who between the parties the true owner is.
'In an action for quieting of title, the competent court is tasked to determine the respective rights of the complainant and other claimants, 'x x x not only to place things in their proper place, to make the one who has no rights to said immovable respect and not disturb the other, but also for the benefit of both, so ...
An action for reconveyance based on implied or constructive trust prescribes in ten years from the alleged fraudulent registration or date of issuance of the certificate of title over the property.
