Imprescriptible reconveyance

If the person claiming to be the owner of the property is in actual possession thereof, the right to seek reconveyance, which in effect seeks to quiet title to the property, DOES NOT PRESCRIBE, the reason being that one who is in actual possession of a piece of land claiming to be the owner thereof may wait until his possession is disturbed or his title is attacked before taking steps to vindicate his right. (AliƱo vs. Heirs of Angelica A. Lorenzo)

"Does not prescribe" (imprescriptible) refers to the legal status of a right being NOT subject to acquisition or loss despite lapse of time. In other words, if a right is imprescriptible, it cannot be lost by the owner or acquired by another person. It remains.

In order that an action for quieting of title may prosper, two requisites must concur:

[1] The plaintiff or complainant has a legal or equitable title or interest in the real property subject of the action; and
[2] The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy. (Phil-Ville Development and Housing Corporation vs. Bonifacio)

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