In the Philippines, the integrity of the Torrens system of land registration is paramount. However, the system is not an absolute shield for fraudsters. When a relative—often through abuse of trust, forged signatures, or simulated sales—clandestinely transfers a land title to their name, the law provides the aggrieved owner with specific civil, criminal, and administrative remedies.

1. Action for Reconveyance

An Action for Reconveyance is the primary civil remedy used to recover property that has been wrongfully registered in another person’s name.

Basis: It does not seek to "open" the decree of registration; rather, it seeks to compel the person who registered the land through fraud to transfer it back to the true owner.
Prescription Periods:
10 Years: If the action is based on an implied or constructive trust (e.g., the relative used fraud to obtain the title), the action must be filed within 10 years from the date of the issuance of the certificate of title.
Imprescriptible: If the transfer was void ab initio (e.g., the Deed of Sale was forged or the relative’s title is based on a fictitious document), the action does not prescribe.
Imprescriptible (Possession): If the rightful owner is still in actual physical possession of the property, the action to quiet title or for reconveyance is imprescriptible.

2. Annulment of Title and Deed of Sale

If the transfer was facilitated by a forged signature or a "simulated" contract (a contract that has no consideration or where the parties did not intend to be bound), the underlying document is void.

Civil Code Art. 1409: Contracts which are absolutely simulated or fictitious are inexistent and void from the beginning.
Effect: Since a void contract conveys no right, any title (Transfer Certificate of Title or TCT) issued based on that void contract is also null and void. The court can order the Registry of Deeds to cancel the fraudulent title and reinstate the original owner’s title.

3. Petition for Reopening of the Decree of Registration

This is a specific remedy under Section 32 of Presidential Decree No. 1529 (Property Registration Decree).

Ground: Actual fraud.
Strict Timeline: This must be filed within one (1) year from the date of entry of the decree of registration.
Limitation: This remedy is only available if the property has not yet passed to an innocent purchaser for value (a third party who bought the land in good faith).

4. Action for Damages

If the property has already been sold by the fraudulent relative to an innocent third party (making recovery of the land itself impossible), the original owner can no longer file for reconveyance.

Remedy: The owner may file an action for damages against the relative who perpetrated the fraud.
Recovery from the Assurance Fund: Under PD 1529, if the perpetrator is insolvent or cannot be found, the aggrieved party may, under specific conditions, file a claim against the National Treasurer’s Assurance Fund to recover the value of the lost land.

5. Criminal Liabilities

Fraudulent transfers usually involve crimes defined under the Revised Penal Code (RPC). Filing criminal charges can serve as leverage and a means of seeking justice.

Falsification of Public Documents (Art. 171/172): If the relative forged a signature on a Deed of Sale or used a false Affidavit of Self-Adjudication.
Estafa (Art. 315): If the relative used deceit or abuse of confidence to deprive the owner of their property.
Perjury: If the relative made false statements under oath in documents submitted to the Registry of Deeds or the court.

6. Administrative Safeguards

Notice of Adverse Claim

While the case is being prepared, the owner should file a Sworn Statement of Adverse Claim with the Registry of Deeds. This is annotated on the back of the title to warn the whole world that someone else is claiming an interest in the land, effectively preventing the relative from selling it to a "good faith" buyer.

Notice of Lis Pendens

Once a court case (like Reconveyance) is filed, a Notice of Lis Pendens ("pending litigation") should be annotated on the title. This ensures that anyone who acquires an interest in the property during the litigation will be bound by the eventual judgment of the court.

Summary of Legal Strategy Table

Scenario	Primary Remedy	Prescriptive Period
Signature was forged	Action to Declare Nullity of Deed/Title	Imprescriptible
Relative used deceit/trust	Action for Reconveyance	10 years from title issuance
Owner is still living on the land	Action to Quiet Title	Imprescriptible
Land already sold to a stranger	Action for Damages	10 years
Fraud discovered within a year	Petition to Reopen Decree	1 year