Scribd Logo
Upload

Welcome to Scribd!

  • 48 views

    Heirs of Maximo Sanjorjo v. Heirs of Manuel Quijano GR No. 179540 March 13, 2009 Facts

    Uploaded by

    Janice Guen Beyden
    This case involves a dispute over ownership of several parcels of land between the heirs of Maximo Sanjorjo and the heirs of Manuel Quijano. Free patents were issued in 1988 for Lots 374 and 379 to heirs of Manuel Quijano. In 1993, the heirs of Maximo Sanjorjo filed a complaint seeking reconveyance, alleging the lots belonged to their grandfather. The court dismissed based on res judicata but the appellate court affirmed for prescription. The Supreme Court held the action was not yet prescribed, as a claim of implied or constructive trust over property prescribes in 10 years from the title issuance if no innocent purchaser, not 1 year like an indefeasible Torrens title.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Heirs of Maximo Sanjorjo v. Heirs of Manuel Quijano GR No. 179540 March 13, 2009 Facts

    Uploaded by

    Janice Guen Beyden
    48 views2 pages
    This case involves a dispute over ownership of several parcels of land between the heirs of Maximo Sanjorjo and the heirs of Manuel Quijano. Free patents were issued in 1988 for Lots 374 and 379 to heirs of Manuel Quijano. In 1993, the heirs of Maximo Sanjorjo filed a complaint seeking reconveyance, alleging the lots belonged to their grandfather. The court dismissed based on res judicata but the appellate court affirmed for prescription. The Supreme Court held the action was not yet prescribed, as a claim of implied or constructive trust over property prescribes in 10 years from the title issuance if no innocent purchaser, not 1 year like an indefeasible Torrens title.

    Original Description:

    case 42

    Original Title

    1234567890

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a dispute over ownership of several parcels of land between the heirs of Maximo Sanjorjo and the heirs of Manuel Quijano. Free patents were issued in 1988 for Lots 374 and 379 to heirs of Manuel Quijano. In 1993, the heirs of Maximo Sanjorjo filed a complaint seeking reconveyance, alleging the lots belonged to their grandfather. The court dismissed based on res judicata but the appellate court affirmed for prescription. The Supreme Court held the action was not yet prescribed, as a claim of implied or constructive trust over property prescribes in 10 years from the title issuance if no innocent purchaser, not 1 year like an indefeasible Torrens title.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    48 views2 pages

    Heirs of Maximo Sanjorjo v. Heirs of Manuel Quijano GR No. 179540 March 13, 2009 Facts

    Uploaded by

    Janice Guen Beyden
    This case involves a dispute over ownership of several parcels of land between the heirs of Maximo Sanjorjo and the heirs of Manuel Quijano. Free patents were issued in 1988 for Lots 374 and 379 to heirs of Manuel Quijano. In 1993, the heirs of Maximo Sanjorjo filed a complaint seeking reconveyance, alleging the lots belonged to their grandfather. The court dismissed based on res judicata but the appellate court affirmed for prescription. The Supreme Court held the action was not yet prescribed, as a claim of implied or constructive trust over property prescribes in 10 years from the title issuance if no innocent purchaser, not 1 year like an indefeasible Torrens title.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Heirs of Maximo Sanjorjo v.

    Heirs of Manuel Quijano


    Gr no. 179540; March 13, 2009

    Facts:

    On August 29, 1988, Free Patent No. VII-4-2974 was issued to Alan P. Quijano over a parcel of
    land identified as Lot 374, Cadastre 374-D wherein Original Certificate of Title (OCT) No. OP-
    38221 was issued in his name. Meanwhile, on November 11, 1988, Free Patent No. VII-4-3088
    was issued in favor of Gwendolyn Q. Enriquez for Lot 379, Cadastre 374-D in which OCT No.
    OP-39847 was also issued in her name. Alan Quijano and Gwendolyn Enriquez are among the
    heirs of Manuel Quijnao who are the private respondents in this case. Enriquez filed an
    application for a free patent over Lot 376 of Cadastre 374-D with the Department of
    Environment and Natural Resources (DENR).

    However, the protestants/claimants withdrew their protest/complaint. Thus, on April 14, 1992,
    the Regional Executive Director rendered a decision giving due course to the applications.
    However, he ruled that the free patents over Lots 374 and 379 could no longer be disturbed
    since the complaint for the cancellation was filed more than one year from their issuance.

    On September 13, 1993, petitioners Vicente Sanjorjo, the heirs of Maximo Sanjorjo, and
    Spouses Inot, filed a complaint for cancellation of titles under tax declarations and
    reconveyance of possession of real property covering the Lots 374, 376, 378 and 379, against
    the private respondents, the heirs of Manuel Quijano and Vicente Gulbe. Petitioners allege that
    they are the owners of several parcels of land covering Lots 374, 376, 378 and 379 which they
    inherited from their grandfather the late Maximo Sanjorjo. When Manuel Quijano died, his
    heirs divided among themselves the land belonging to the petitioners. Plaintiffs averred that
    they nor their ascendants have never sold, donated, or mortgaged any of these lots in question
    to the defendants or their ascendants.

    The Regional Trial Court dismissed the complaint on the ground of res judicata. On appeal,
    petitioners limited the issue to Lots 374 and 379 only. The appellate court affirmed the order of
    the trial court although for a different reason, i.e., prescription.

    Issue: WON petitioner’s action for the reconveyance of Lots 374 and 379, covered by OCT No.
    OP-38221 and OCT No. OP-39847 respectively is barred by prescription.

    Held:
    No, the action for reconveyance of the lots in question has not yet prescribed.

    A Torrens title issued on the basis of the free patents became as indefeasible as one which was
    judicially secured upon the expiration of one year from date of issuance of the patent. However,
    an aggrieved party may still file an action for reconveyance based on implied or constructive
    trust, which prescribes in ten years from the date of the issuance of the Certificate of Title over
    the property provided that the property has not been acquired by an innocent purchaser for
    value.

    You might also like