Facts:

• The case involves a dispute over a parcel of land located in Sitio Sabang, Barrio San Roque, Bula, Camarines Sur.
• Feliciano Navo II purchased several adjoining parcels of land in 1948 and 1949, which eventually became Lot 2636 of the Bula cadastre.
• Navo has always been in possession of these parcels of land.
• On February 4, 1955, the Heirs of Feliciana Navo, represented by Escolastico Bustarga and Fortunata Bustarga Notorio, filed an application for a free patent for Lot 2636.
• A free patent and a Torrens title were subsequently issued to the "Heirs of Feliciana Navo" on the false assumption that they were in actual possession of the land.
• Escolastico and Fortunata then obtained TCT No. 1570 for Lot 2636 and an adjacent lot through an extra-judicial partition.
• It was later discovered that the Bustargas were never in possession of Lot 2636 and that the patent was obtained under false pretenses.

Issue:

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Ruling:

• The Supreme Court ruled that the reconveyance of the land to Navo is proper, despite the action being filed after the lapse of more than ten years from the issuance of the patent and title.
• The Bustargas had agreed during the pre-trial to the reconveyance if it was found that Lot 2636 was not adjudicated to them in the prewar case.
• This agreement amounted to a waiver of the defense of prescription.
• Additionally, the reconveya...(Unlock)

Ratio:

• The court based its decision on the Vital vs. Anore case, which established that if the registered owner of a Torrens title knew that the land described in the title belonged to another who was never in possession of it, then the statute of limitations ...continue reading