Glo, Fidel and Ben entered into a partnership to establish a bills payment center in Ilocos Sur. Glo was assigned as the managing partner. Glo bought a 5000 square meter lot in Ilocos Sur where they will build the bills payment center. After the land was surveyed by a geodetic engineer, it was found out that only 200 square meters is viable for a 2 storey building while the rest is rich in gold deposits. Glo found it sensible to only use 200 square meters for the office building of the partnership.

Knowing the profitability of the remaining 4800 square meters, she sold it to Aileen, a gold trader in Ilocos Sur, for PhP 20 million pesos. Aileen agreed and bought it from Glo. Glo signed the contract of sale as seller while Aileen signed it as buyer. Aileen later on realized that she does not have enough funds to mine the gold in the land sold by Glo and decided sell it to Charit, an owner of a mining company, for PhP 25 million.

Ben found out about the sale of the 4800 square meters of lot and was shocked of how much the value of the property. He sought your advice whether the title could still be recovered in favor of the partnership.

How will you advise Ben?