Petitioner
Government Service Insurance System
Respondent
Eduardo M. Santiago
Citation
G.R. No. 155206
Court
Supreme Court
Division
Second Division
Ponente
Callejo, Sr., J.
Decided
October 28, 2003

Summary

GSIS foreclosed mortgaged properties of deceased spouses Zulueta in 1974, with 91 lots expressly excluded from public auction. Despite exclusion, GSIS consolidated ownership over all lots in 1975 through fraudulent affidavit. When Eduardo Santiago, representing Zulueta heirs, discovered the fraud in 1989 and filed reconveyance action in 1990, GSIS claimed prescription and denied bad faith. The Supreme Court affirmed lower courts' findings that GSIS acted in bad faith as government financial institution by concealing excluded lots and attempting to sell them. Court applied implied trust doctrine under Article 1456 and ruled prescriptive period began from actual discovery of fraud in 1989, not registration in 1975. GSIS ordered to reconvey 78 lots to respondent, establishing that holders in bad faith cannot claim protection under Torrens system.

Statutes applied

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By Intellegal Editorial Board · October 28, 2003

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