Property

SPOUSES BENITO V. SAQUITAN-RUIZ 394 SCRA 250

SPOUSES BENITO V. SAQUITAN-RUIZ

394 SCRA 250

FACTS:

The spouses sold to Ruiz a parcel of land but upon repeated demands, they failed to deliver the land. It was known that they had the land subdivided into portions to the prejudice of Ruiz. This prompted Ruiz to file a complaint for specific performance and declaration of nullity with damages.

HELD:

If a person claiming to be the owner of a wrongfully registered parcel of land is in actual possession, the right to seek reconveyance doesn't prescribe. A petition for quieting of title although essentially an action for reconveyance, should not be dismissed on the ground of prescription, if it is alleged that the plaintiff is in possession of the property.

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