CASE DIGEST
SPOUSES VELARDE V.
HEIRS OF CANDARI
G.R. No. 190057,
[October 17, 2022]
SECOND DIVISION, LOPEZ,
M.V
Fraud; Quieting of Title; Accion Reivindicatoria
Physical
intrusion over the parcel of land is not a ground for quieting of title. An
action that seeks to recover full possession of the properties as an element of their
ownership, the action is deemed accion reivindicatoria.
The legal heirs of Isagani Velarde (petitioners) claimed ownership of parcels of land located in Aklan based on deeds of conveyances, including a Deed of Sale with Right of Repurchase executed by Concepcion Candari (Concepcion) in favor of Isagani. Concepcion later executed a Deed of Quitclaim and Waiver of Rights acknowledging Isagani's and the petitioners' ownership of the properties. After Isagani's death, Concepcion began asserting ownership and collected rents from the lands that clouds their title, prompting the heirs to file a complaint for quieting of title and damages.
Concepcion denied the validity of the deeds, accused Isagani and the heirs of fraud, and asserted that she never sold or relinquished ownership of the properties. She claimed that Isagani was her lessee who held the tax declarations for safekeeping and payment of realty taxes. Whereas petitioner invoke the OCTs and TDs under their names, and argue that their legal title cannot be collaterally attacked in an action for quieting of title by unsupported allegations of fraud.
Whether the action for quieting of title is proper.
NO. Petitioners' complaint actually constitutes an
accion reivindicatoria. Here, petitioners' cause of action is grounded upon
their claims of ownership, which they argue to have been clouded by
Concepcion's exercise of proprietary rights — instituting tenants and
collecting rentals and products. What they perceive as clouds over their title
were Concepcion's intrusive acts of dominion over the properties. Physical
intrusion is not a ground for quieting of title. Ultimately, they seek to recover full possession of
the properties as an element of their ownership, which was disturbed by
Concepcion's physical intrusion. Thus, petitioners' claims and arguments
clearly speak of an accion reivindicatoria — a suit to recover full possession
of a parcel of land as an element of ownership. The true nature of the action is not determined by
the caption of the pleading, but by the allegations it contain.
Whether the heirs of Isagani Velarde
are the rightful owners of the disputed properties.
YES. The Court held that the heirs of Isagani Velarde are the true and rightful owners entitled to the possession of the disputed properties. The Court rejected Concepcion's unfounded allegations of fraud, emphasizing that fraud must be proven by clear and convincing evidence, which Concepcion failed to provide. The Court noted that the deeds of conveyances were duly executed and notarized, and Concepcion's claims lacked specificity and proof. Hence, as Isagani's heirs, petitioners are entitled to full ownership over the disputed properties.
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