- Petitioner
- Heirs of Salvador Hermosilla
- Respondent
- Spouses Jaime Remoquillo
- Citation
- G.R. No. 167320
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Carpio-Morales, J.
- Decided
- January 30, 2007
Summary
The heirs of Salvador Hermosilla sought reconveyance of a 65-square meter portion of land based on a 1972 agreement (Kasunduan) where Jaime Remoquillo allegedly transferred ownership to Salvador. The RTC ruled in favor of the heirs, but the Court of Appeals and Supreme Court dismissed the case. The Supreme Court held that the Kasunduan was void because when executed in 1972, the Republic still owned the land, making the transfer invalid under the principle 'nemo dat quod non habet.' The Court found that Land Authority regulations prohibited such transfers before formal award. Despite the heirs' continued possession making the action imprescriptible, their claim failed due to the void nature of the underlying transfer agreement and lack of evidence of fraud.