ERNESTO DAVID, ET.

AL. VS CRISTITO
MALAY, ET. AL.

19 NOV

G.R. No.

Andres Adona

Leoncia Abad
CARMEN A. MALAY
CRISTITO,NORA
PRIVATE
and DIONISIO
RESPONDENTS

Andres Adona
ESPERANZA

Maria Espiritu
PETITIONERS
VICENTE

LEMQUE

ANDRES ADONA applied for a homestead

patent over a parcel of agricultural land.
Andres died, Maria Espiritu succeeded in
obtaining the Original Certificate of Title
in her name .
Maria died, the petitioners and
respondents continued to be in peaceful
possession of the subject land.

Petitioners executed a deed of Extrajudicial

Settlement with Sale over the subject property
in favor of Mrs. Venancia Ungson.
Private respondents protested the sale claiming
that they were the true owners of the land.
The sale in favor of Mrs. Ungson was rescinded.
petitioners executed another deed of
Extrajudicial Settlement with Sale.In this new
instrument, petitioners divided the land equally
among themselves and sold their respective
shares to their co-petitioners, the UBAGOS

7 Dec 1992 private respondents filed a

complaint for Annulment of Sale with
Restraining Order, Injunction and
Damages against petitioners.

that theOriginal Certificate of Title was

fraudulently issued to Maria Espiritu, on 04
December 1933, upon herfalse
representation that she was the widow
ofAndres Adona.

DECISION OF RTC

dismissed the complaint

Lack of cause of action - cause of action

constituted a collateral attack on the
Torrens Certificate of Title
Prescription - if the action were to be
treated as being one for reconveyance, the
suit would still have to fail since an action
for reconveyance could only be brought
within ten (10) years counted from the date
of issuance of the certificate of title

DECISION OF COURT OF
APPEALS

Set aside the order of dismissal of the

case decreed by the trial court

OCT was issued in favor of Maria Espiritu

by her fraudulent concealment of the
existence of Adonas first marriage to
Leoncia Abad
Petitioners were in actual possession of the
subject property, the right to seek
reconveyance does not prescribe.