Marcelino S. Andrino v. Top Services

Summary

This case involved an action for reconveyance and annulment of title filed by Marcelino Andrino against Top Services, Inc. and the Register of Deeds for Rizal Province. The petitioner claimed the property was obtained through fraud or mistake, giving rise to an implied trust under Article 1456 of the Civil Code. The Supreme Court affirmed the lower courts' finding that the action had prescribed. The Court ruled that the 10-year prescriptive period under Article 1144 begins from the date the adverse party repudiates the implied trust, which is deemed to occur upon registration of the instrument as this constitutes constructive notice to the world. The Court distinguished between reconveyance actions that question ownership and registration versus actions questioning fraudulent contracts. The petition was denied for failure to show reversible error by the Court of Appeals.