Amerol v. Bagumbaran

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Amerol v.

Bagumbaran

G.r. no. l-33261 September 30, 1987

Facts:

Unbeknownst Amerol, Bagumbaran applied for patent application over the formers land. Amerol took
action to cancel the patent only after 9 years from its registration. He prayed for reconveyance which
the trial court denied stating that the former unfortunately lost his right to reconveyance within the
period of 4 years from the date of registration of said patent.

Issue:

Has the action for reconveyance prescribed?

Held:

No. An action for reconveyance based on an implied or constructive trust must perforce prescribed in 10
years and not otherwise. It is well settled that an action for reconveyance based on an implied or
constructive trust prescribes in 10 years from the issuance of the torrens title over the property.

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