- Petitioner
- Associated Bank
- Respondent
- Spouses Justiniano S. Montano, Sr.
- Citation
- G.R. No. 166383
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Nachura, J.
- Decided
- October 16, 2009
Summary
This case involves a reconveyance action filed by the Montano spouses against Associated Bank for three parcels of land in Cavite. The Montanos claimed that during martial law, they were forced to transfer their properties to TCAIC and subsequently to ICCI under threat and intimidation by Marcos cronies while they were in exile. The properties eventually ended up with Associated Bank through foreclosure. The RTC dismissed the case for prescription, but the CA reversed, finding the complaint stated a valid cause of action. The Supreme Court affirmed the CA, ruling that the prescriptive period for actions based on intimidation begins when the defect of consent ceases (Marcos ouster in 1986), making the 1989 complaint timely. The Court distinguished between fraud-based and intimidation-based actions, emphasizing that procedural requirements for motions to dismiss must hypothetically admit complaint allegations as true.