Gonzales v Jimenez

FACTS: WHEREFORE, the order appealed from is set aside. This case is
ordered remanded to the court a quo for further proceedings. No
Homobono Gonzales filed a complaint against Felipe costs.
Jimenez, Sr., et al. for the reconveyance of a parcel of land
situated in Naga, Camarines Sur. Doctrine:
He alleged that the land was sold to him in 1930. Felipe A person sells land and obtains title thru fraudulent
Jimenez, Sr. caused his son to file a free patent application misrepresentation, he is deemed to hold it trust for the benefit of the
with the Bureau of Lands. Plaintiff was unaware of the filing
person prejudiced by it, and the action for reconveyance of the
of the application for patent as well as the issuance of the
property prescribes after the lapse of 10 years.
patent and the certificate of title.
Defendants filed a motion to dismiss, which was denied. (not sure)
Defendants submitted a second motion to dismiss on the
ground that the action, based on fraud, should have been Art. 1134. Ownership and other real rights over immovable property
presented within four years from the issuance of the patent, are acquired by ordinary prescription through possession of ten
and not from the discovery of the fraud. years.
TC - dismissed the complaint on the ground that the action
has already prescribed in that the prescriptive period of four
years should be computed, not from the actual discovery of
the fraud, but from the date of the registration of the title in
the register of deeds.

ISSUE:

Whether or not court the action to recover the property already

prescribed NO

HELD:

Since it appears that the land in question was obtained by

defendants thru fraudulent representations by means of
which a patent and a title were issued in their name, they are
deemed to hold it in trust for the benefit of the person
prejudiced by it. Here this person is the plaintiff. There being
an implied trust in this transaction, the action to recover the
property prescribes after the lapse of ten years. Here this
period has not yet elapsed.