Case Digest (G.R. No. L-19060)
Facts:
- Petitioners: Ignacio Gerona, Maria Concepcion Gerona, Francisco Gerona, and Delfin Gerona, legitimate children of Domingo Gerona and Placida de Guzman.
- Placida de Guzman passed away on August 9, 1941; she was the legitimate daughter of Marcelo de Guzman and Teodora de la Cruz.
- Marcelo remarried Camila Ramos after Teodora's death and had several children, the respondents: Carmen, Jose, Clemente, Francisco, Rustica, Pacita, and Victoria De Guzman.
- Marcelo de Guzman died on September 11, 1945.
- On May 6, 1948, respondents executed a deed of "extrajudicial settlement," falsely claiming to be the only heirs and excluding the petitioners.
- This act led to the cancellation of original titles for seven parcels of land and issuance of new titles solely in the respondents' names.
- Petitioners discovered the fraud in 1957 and demanded their share, which respondents refused.
- Petitioners filed a complaint on September 4, 1958, seeking to nullify the extrajudicial settlement, reconvey their share, and claim damages.
- Respondents argued that the petitioners' mother was a spurious child and that the action was barred by the statute of limitations.
- The trial court ruled in favor of the respondents, affirming the legitimacy of the petitioners' mother but stating the action had prescribed, a decision upheld by the Court of Appeals.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the Court of Appeals' decision, ruling that the action for partition was barred by the statute of limitations.
- The Court held that the petitioners' claim to annul the deed of extrajudicial settlement was also tim...(Unlock)
Ratio:
- The Court explained that while an action for partition among co-heirs typically does not prescribe, this principle applies only when defendants do not hold property under an adverse title.
- The respondents' execution of the extrajudicial settlement and issuance of new titles constituted an assertion of an adverse title against the petitioners.
- The statute of limitations begins to run when an adve...continue reading
Case Digest (G.R. No. L-19060)
Facts:
The case involves petitioners Ignacio Gerona, Maria Concepcion Gerona, Francisco Gerona, and Delfin Gerona, who are the legitimate children of Domingo Gerona and Placida de Guzman. Placida, the mother of the petitioners, passed away on August 9, 1941, and was a legitimate daughter of Marcelo de Guzman and his first wife, Teodora de la Cruz. After the death of Teodora, Marcelo married Camila Ramos, with whom he had several children, the respondents in this case: Carmen, Jose, Clemente, Francisco, Rustica, Pacita, and Victoria De Guzman. Marcelo de Guzman died on September 11, 1945. On May 6, 1948, the respondents executed a deed of "extrajudicial settlement of the estate of the deceased Marcelo de Guzman," falsely claiming to be the only surviving heirs, thereby excluding the petitioners, who were also forced heirs. This fraudulent act led to the cancellation of the original transfer certificates of title for seven parcels of land owned by Marcelo and the issuance of new titles solely in the names of the respondents. The petitioners discovered this fraud only in 1957 and subsequently demanded their rightful share of the properties, which the respondents refused. Consequently, the petitioners filed a complaint on September 4, 1958, seeking to nullify the extrajudicial settlement, reconvey their share of the properties, and claim damages. The respondents countered that ...