G.R. No. 159284 Case Digest

G.R. No. 159284, January 27, 2009

Heirs of Bernardo Ulep

vs Spouses Cristobal Ducat

Ponente: Austria-Martinez

Facts:

Subject matter is lot no.$ in a survey plan prepared for Agustin Ulep by a private land surveyor which was approved by Bureau of Lands, year 1964.

Prior to the approval of the Survey plan, Agustin and Ducat executed an agreement whereby Ducat is to perform necessary procedures for the registration and acquisition of the title of the lands. Before accomplishing this task, Agustin died. His son Cecilio took over as administrator.

Ducat then registered lot no.4 under their names and Flora Kiong and subsequently declared the property in his name for taxation purposes. The heirs then filed for reconveyance of lot no.4 with damages. The heirs alleged that Ducat fraudulently maneuvered the improper amendment of the survey plan to alter the description of the land.

MTC dismissed the complaint of the heirs for failure to prove their cause of action by competent and preponderant evidence. The heirs appealed in the RTC, but RTC rendered the same. Their subsequent motion for reconsideration was denied too, on the ground that it was filed beyond the reglementary period.

They then filed a motion to resolve for reconsideration on the merits,the court a quo reversed the MTC judgment and ordered the spouses Ducat and Flora Kiong to reconvey the property to the heirs and pay for damages and attorney’s fees.

Ducat and Kiong appealed with the CA. CA then ruled that the heirs failed to discharge the burden of proof to establish that the spouses wrongfully acquired title over the land. Heirs now appealing.

Issue:

Whether CA erred in reinstating the decision of the MTC.

Held:

Petition has no merit.

The questioned waiver of Rights and Quitclaim containing some erasures and alterations is not enough proof of the fraud the heirs alleged. Heirs had to present clear and convincing evidence to establish ownership of the land.

Note:

- for an action for reconveyance based on fraud to succeed, the party seeking reconveyance must prove by clear and convincing evidence his title to the property and the fact of fraud.