Case Brief: Escobar vs Locsin

G.R. No. 48309   January 30, 1943

Eusebia Escobar

vs

Ramon Locsin, in his capacity as special administrator of the intestate estate of Juana Ringor

Facts:

Escobar is an owner of a parcel of land. Being illiterate, she asked Locsin to claim the lot in her behalf in the course of cadastral proceedings. Locsin, however, claimed the lot for himself and a title was issued in his name. This prompted Escobar to file for the reconveyance of the land.

The trial court recognized that Escobar had equitable title and Locsin had the legal title. Nevertheless, it dismissed the complaint because the period of one year provided in Land Registration Act for the review of a decree had elapsed, and Escobar had not availed himself of this remedy.

 

Issue:

Whether or not the court may compel Locsin to reconvey the land to Escobar.

 

Held:

The trial court is wrong. Escobar did not seek the review of the decree or the reopening of cadastral case. Instead, she demanded the enforcement of a trust. The provisions of Land Registration Act do not apply.

Locsin is, in equity, bound to execute a deed of conveyance of the lot to the cestui que trust, Escobar. Such trust is inviolable. The Torrens system was never calculated to stir up betrayal in the performance of trust.

The court ordered Locsin to convey the lot in question to A within fifteen days from the entry of final judgment; and stated that upon his failure or refusal to do so, such judgment shall constitute sufficient authorization for the Register of Deeds of Nueva Ecija, in lieu of a deed of conveyance, to transfer the certificate of title for said lot to Escobar.

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