QUIETING OF TITLE
econdly, the boundary dispute would
essentially seek to alter or modify either
the Torrens title of the City of Manila or
that of Patricia, Inc., but any alteration or
modification either way should be initiated
only by direct proceedings, not as an issue
incidentally raised by the parties herein. To
allow the boundary dispute to be litigated
in the action for quieting of title would
violate Section 48[46] of the Property
Registration Decree by virtue of its
prohibition against collateral attacks on
Torrens titles. A collateral attack takes
place when, in another action to obtain a
different relief, the certificate of title is
assailed as an incident in said action.
[47]
 This is exactly what the petitioners
sought to do herein, seeking to modify or
otherwise cancel Patricia, Inc.'s title.
RECONVEYANCE ANNULMENT OF TITLE
A complaint for reconveyance is an action An action for annulment of title questions
which admits the registration of title of the validity of the title because of lack of
another party but claims that such due process of law. There is an allegation
registration was erroneous or wrongful. of nullity in the procedure and thus the
[76] invalidity of the title that is issued.
 It seeks the transfer of the title to the
rightful and legal owner, or to the party
who has a superior right over it, without
prejudice to innocent purchasers in good
[77]
faith.
It seeks the transfer of a title issued in a
valid proceeding. The relief prayed for
may be granted on the basis of intrinsic
fraud-fraud committed on the true owner
instead of fraud committed on the
procedure amounting to lack of jurisdiction.
An action for reconveyance and annulment of title does not seek to question the
contract which allowed the adverse party to obtain the title to the property. [117] What is
put on issue in an action for reconveyance and cancellation of title is the ownership of
the property and its registration.[118] It does not question any fraudulent
contract[119] Should that be the case, the applicable provisions are Articles 1390 [120] and
1391[121] of the Civil Code.[122]
Thus, an action for reconveyance and cancellation of title prescribes in 10 years from
the time of the issuance of the Torrens title over the property. [123]
Reconveyance is always available as
long as the property has not passed to
an innocent third person for value.