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    Heirs of Labanon

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    Rizza Morada
    1. Constancio Labanon settled on public land and cultivated it with Maximo's help in filing the land application, with the agreement to divide the land. The title was issued under Maximo's name. 2. Maximo executed documents acknowledging Constancio's ownership of the eastern portion. After Constancio's death, his heirs sold that portion to Alberto Makilang. 3. The court ruled that (1) the title under Maximo's name was not indefeasible due to fraud, and (2) the trust agreement did not prescribe since Maximo acknowledged the trust during his lifetime.

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    Heirs of Labanon

    Uploaded by

    Rizza Morada
    16 views2 pages
    1. Constancio Labanon settled on public land and cultivated it with Maximo's help in filing the land application, with the agreement to divide the land. The title was issued under Maximo's name. 2. Maximo executed documents acknowledging Constancio's ownership of the eastern portion. After Constancio's death, his heirs sold that portion to Alberto Makilang. 3. The court ruled that (1) the title under Maximo's name was not indefeasible due to fraud, and (2) the trust agreement did not prescribe since Maximo acknowledged the trust during his lifetime.

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    1. Constancio Labanon settled on public land and cultivated it with Maximo's help in filing the land application, with the agreement to divide the land. The title was issued under Maximo's name. 2. Maximo executed documents acknowledging Constancio's ownership of the eastern portion. After Constancio's death, his heirs sold that portion to Alberto Makilang. 3. The court ruled that (1) the title under Maximo's name was not indefeasible due to fraud, and (2) the trust agreement did not prescribe since Maximo acknowledged the trust during his lifetime.

    Copyright:

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

    Heirs of Labanon

    Uploaded by

    Rizza Morada
    1. Constancio Labanon settled on public land and cultivated it with Maximo's help in filing the land application, with the agreement to divide the land. The title was issued under Maximo's name. 2. Maximo executed documents acknowledging Constancio's ownership of the eastern portion. After Constancio's death, his heirs sold that portion to Alberto Makilang. 3. The court ruled that (1) the title under Maximo's name was not indefeasible due to fraud, and (2) the trust agreement did not prescribe since Maximo acknowledged the trust during his lifetime.

    Copyright:

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

     

    Heirs of Labanon v. Heirs of Labanon | GR 160711 | August 14, 2004 | J. Velaso, Jr.

    !A"#$: Constancio Labanon settled upon a piece of alienable and disposable public agricultural land
    situated in Kidapawan, Cotabato. He cultivated the said lot and introduced permanent improvements.
    Constancio asked his brother, Maximo, who was better educated to file a public land application under the
    express agreement that the will divide the said lot as soon as it would be feasible for them to do so.
    !uring the time of the application it was Constancio who continued to cultivate the said lot. "he
    Homestead #pplication was approved and an $riginal Certificate of "itle over said lot was issued in favor 
    of Maximo Labanon.
     
    Maximo Labanon executed a document denominated as %#ssignment of &ights and $wnership' to
    safeguard the ownership and interest of his brother Constancio Labanon. Later on, Maximo executed a
    sworn statement reiterating his desire that his elder brother Constancio, his heirs and assigns shall own
    the eastern portion of the Lot.

     #fter the death of Constancio, his heirs executed an (e)xtra*+udicial settlement of estate with simultaneous
    sale over the aforesaid eastern portion of the lot in favor of #lberto Makilang, the husband of isitacion
    Labanon, one of the children of Constancio. -ubseuentl, the parcel of land was declared for taxation
    purposes in the name of #lberto. "he defendants heirs of Maximo caused to be cancelled from the
    records of the defendant /rovincial #ssessor of Cotabato the aforesaid tax declaration and the latter,
    without first verifing the legalit of the basis for said cancellation, cancelled the same. "he heirs of 
    Constancio demanded the owner0s cop of the certificate of title covering the aforesaid Lot to be
    surrendered to the &egister of !eeds.
     
    %$$&'$:
    1. 234 the $C" issued the name of M#56M$ L#7#4$4 be now considered indefeasible
    and conclusive8 and
     
    9. 234 the "rust #greement allegedl made b Constancio Labanon and Maximo Labanon
    prescribed

    H'L()
     

    1. 4o. -ection 9 of /! 1;9< does not totall deprive a part of an remed to recover the propert
    fraudulentl registered in the name of another. 6t merel precludes the reopening of the registration
    proceedings for titles covered b the "orrens -stem, but does not foreclose other remedies for the
    reconveance of the propert to its rightful owner. 2hile it is true that -ection 9 of /! 1;9< provides
    that the decree of registration becomes incontrovertible after a ear, it does not altogether deprive an
    aggrieved part of a remed in law. "he acceptabilit of the "orrens -stem would be impaired, if it is
    utili=ed to perpetuate fraud against the real owners. "he action for &ecover of $wnership before the
    &"C is indeed the appropriate remed.
    9. 4o. Maximo Labanon maintained the title over the propert while acknowledging the true ownership of 
    Constancio Labanon over the eastern portion of the land. "he existence of an express trust cannot be
    doubted nor disputed. 6n the case at bar, Maximo never repudiated the express trust instituted between
    him and Constancio. #nd after Maximo0s death, the trust could no longer be renounced8 thus,
    respondents0 right to enforce the trust agreement can no longer be restricted nor pre+udiced b
    prescription. 6n addition, petitioners can no longer uestion the validit of the positive declaration of 
    Maximo Labanon in the #ssignment of &ights and $wnership in favor of the late Constancio Labanon,
    as the agreement was not impugned during the former0s lifetime and the recognition of his brother0s
    rights over the eastern portion of the lot was further affirmed and confirmed in the subseuent -worn
    -tatement.

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