Severino Vs Severino

FABIOLA SEVERINO, plaintiff-appellee, v. GUILLERMO SEVERINO, defendant-appellant.
FELICITAS VILLANUEVA,
Intervenor-Appellee.
G.R. No. 18058 || January 16, 1923 || OSTRAND, J. :
Agent: Defendant Guillermo Severino
Principal: Melecio Severino
FACTS:
Melecio Severino owned 428 hectares of land in Silay, Occidental Negros. During Melecios lifetime, his brother, Guillermo
(D), worked to administer the land for Melecios behalf. When Melecio died in 1915, D continued to occupy the said land.
In 1916, a parcel survey was made of the lands in the municipality of Silay, including the land here in question, and
cadastral proceedings were instituted for the registration of the land titles within the surveyed area. In the cadastral
proceedings, Roque Hofilea, as lawyer for D, filed answers in Ds behalf, claiming the lots mentioned as the property of
his client. No opposition was presented in the proceedings, therefore, the court decreed the title in Ds favor in 1917.
It may be further observed that at the time of the cadastral proceedings, P-Fabiola was a minor; that D did not appear
personally in the proceedings and did not there testify; that the only testimony in support of his claim was that of his
attorney Hofilea, who swore that he knew the land and that he also knew that Guillermo Severino inherited the land from
his father and that he, by himself, and through his predecessors in interest, had possessed the land for thirty years.
Thus, this action brought by P, alleged natural daughter and sole heir of Melecio to compel D to convey to her four parcels
of land described in the complaint, or in default thereof to pay her the sum of P800,000 in damages for wrongfully causing
said land to be registered in his own name. Felicitas Villanueva, in her capacity as administratrix of the estate of Melecio
Severino, has filed a complaint in intervention claiming the same relief as P, except in so far as she prays that the
conveyance be made, or damages paid, to the estate.
LC: recognized P as the natural child of Melecio; ordered D to convey the land to the administratrix of the estate. The
court did not allow D to present evidence to the effect that the land was owned in common by all heirs of Ramon Severino
(father of the Severino brothers), and not by Melencio alone. The court also said that D was already stopped from denying
Melencios title (in the Ratio, there was a previous case Montelibano vs Severino wherein D himself admitted that he was
Melencios mere agent and that the land was Melencios)
ISSUES:
W/N D employed fraud in procuring title to the land - YES
RATIO:
D: Since the present action is with regard to the alleged fraud on his part in registering the land in his name, he should
should have been allowed to present evidence (See LC ruling above). Also, more than a year having elapsed since the
entry of the final decree adjudicating the land to the defendant, therefore, said decree cannot now be re-opened. Under
Section 38 of the Land Registration Act, he has an indefeasible title to the land and that the question of ownership of the
land being thus judicially settled, the question as to the previous relations between the parties cannot now be inquired
into.
SC: This is not an action under Section 38 of the LRA to reopen or set aside a decree; it is an action in personam
against an agent to compel him to return, or retransfer, to the heirs or the estate of its principal, the property
committed to his custody as such agent, to execute the necessary documents thereof, to pay damages.
Proof of Agency
Ds testimony in the case of Montelibano v. Severino (which forms a part of the evidence in the present case) is, in fact,
conclusive in this respect. He there stated under oath that from the year 1902 up to the time the testimony was given, in
the year 1913, he had been continuously in charge and occupation of the land as the encargado or administrator of
Melecio Severino; that he had always known the land as the property of Melecio Severino; and that the possession of the
latter had been peaceful, continuous, and exclusive. In his answer filed in the same case, the same defendant, through
his attorney, disclaimed all personal interest in the land and averred that it was wholly the property of this brother Melecio.
Neither is it disputed that the possession enjoyed by the defendant at the time of obtaining his decree was of the same
character as that held during the lifetime of his brother, except in so far as shortly before the trial of the cadastral case the
defendant had secured from his brothers and sisters a relinquishment in his favor of such rights as they might have in the
land.
Agent-Principal Relationship is Fiduciary

It is an elementary and very old rule that in regard to property forming the subject-matter of the agency, an agent is
estopped from acquiring or asserting a title adverse to that of the principal. His position is analogous to that of a trustee
and he cannot consistently, with the principles of good faith, be allowed to create in himself an interest in opposition to that
of his principal or cestui que trust. The Court then cited several US cases to this effect.
An agent is not only estopped from denying his principals title to the property, but he is also disabled from acquiring
interests therein adverse to those of his principal during the term of the agency.
The decree of registration did not extinguish the principals personal right of action
The decree of registration determined the legal title to the land as of the date of the decree; as to that there is no question.
That, under section 38 of the LRA, this decree became conclusive after one year from the date of the entry is not disputed
and no one attempts to disturb the decree of the proceedings upon which it is based; the plaintiff in intervention merely
contends that in equity the legal title so acquired inured to the benefit of the estate of Melecio Severino, Ds principal and
cestui que trust and asks that this superior equitable right be made effective by compelling D as the holder of the legal
title, to transfer it to the estate.
Before the issuance of the decree of registration it was the undoubted duty of the defendant to restore the property
committed to his custody to his principal, or to the latters estate, and that the principal had a right of action in personam
to enforce the performance of this duty and to compel the defendant to execute the necessary conveyance to that effect.
The only question remaining for consideration is, therefore, whether the decree of registration extinguished this personal
right of action.
Turning to our own Land Registration Act, we find no indication there of an intention to cut off, through the issuance of a
decree of registration, equitable rights or remedies such as those here in question. On the contrary, section 70 of the Act
provides:
"Registered lands and ownership therein, shall in all respects be subject to the same burdens and incidents attached by law to
unregistered land. Nothing contained in this Act shall in any way be construed to relieve registered land or the owners thereof from any
rights incident to the relation of husband and wife, or from liability to attachment on mesne process or levy on execution, or from liability
to any lien of any description established by law on land and the buildings thereon, or the interest of the owner in such land or
buildings, or to change the laws of descent, or the rights of partition between copartners, joint tenants and other cotenants, or the right
to take the same by eminent domain, or to relieve such land from liability to be appropriated in any lawful manner for the payment of
debts, or to change or affect in any other way any other rights or liabilities created by law and applicable to unregistered land, except as
otherwise expressly provided in this Act or in the amendments hereof."
Section 102 of the Act, after providing for actions for damages in which the Insular Treasurer, as the Custodian of the
Assurance Fund is a party, contains the following proviso:
"Provided, however, That nothing in this Act shall be construed to deprive the plaintiff of any action which he may have against any
person for such loss or damage or deprivation of land or of any estate or interest therein without joining the Treasurer of the Philippine
Archipelago as a defendant therein."
That an action such as the present one is covered by this proviso can hardly admit of doubt. In Cabanos v. Register of
Deeds of Laguna and Obinana (40 Phil., 620), it was held that, while a purchaser of land under a pacto de retro cannot
institute a real action for the recovery thereof where the vendor under said sale has caused such lands to be registered in
his name without said vendees consent, yet he may have his personal action based on the contract of sale to compel the
execution of an unconditional deed for the said lands when the period for repurchase has passed.
Torrens titles being based on judicial decrees there is, of course, a strong presumption in favor of their regularity or
validity, and in order to maintain an action such as the present the proof as to the fiduciary relation of the parties and of
the breach of trust must be clear and convincing. Such proof is, as we have seen, not lacking in this case.
But once the relation and the breach of trust on the part of the fiduciary is thus established, there is no reason, neither
practical nor legal, why he should not be compelled to make such reparation as may lie within his power for the injury
caused by his wrong, and as long as the land stands registered in the name of the party who is guilty of the breach of trust
and no rights of innocent third parties are adversely affected, there can be no reason why such reparation should not, in
the proper case, take the form of a conveyance or transfer of the title to the cestui que trust. No reasons of public policy
demand that a person guilty of fraud or breach of trust be permitted to use his certificate of title as a shield against the
consequences of his own wrong.

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FABIOLA SEVERINO, plaintiff-appellee, v. GUILLERMO SEVERINO, defendant-appellant.

Agent-Principal Relationship is Fiduciary

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