Case Digest (G.R. No. 125715)
Facts:
Ricardo F. Marquez, Aurea M. Cabezas, Exequiel F. Marquez, Salvador F. Marquez, Antonio F. Marquez, and Rafael F. Marquez, Jr. v. Court of Appeals, Alfredo F. Marquez and Belen F. Marquez, G.R. No. 125715, December 29, 1998, Supreme Court Third Division, Romero, J., writing for the Court.The dispute arose from a 161-square-meter parcel in San Juan Del Monte, Rizal, acquired by spouses Rafael Marquez, Sr. and Felicidad Marquez, parents of twelve children including petitioners and the private respondents. Felicidad Marquez died intestate in 1952. In 1982, Rafael Marquez, Sr. executed an "Affidavit of Adjudication" asserting sole ownership and secured issuance of Transfer Certificate of Title (TCT) No. 33350 in his name on June 16, 1982.
On December 29, 1983, Rafael Marquez, Jr. executed a "Deed of Donation Inter Vivos" transferring the land and house to private respondents Alfredo F. Marquez and Belen F. Marquez, excluding the other children (petitioners). TCT No. 33350 was cancelled and TCT No. 47572 was issued in the private respondents' names. The private respondents possessed the property from 1983 to 1991.
Upon learning of TCT No. 47572, petitioners (joined later by Rafael Jr.) filed a complaint for "Reconveyance and Partition with Damages" on May 31, 1991, alleging the affidavit and donation were fraudulent and that petitioners were deprived of their compulsory shares. The private respondents raised prescription, asserting plaintiffs had four years from discovery to sue.
The trial court, on April 29, 1993, ruled for petitioners, declaring the affidavit, the donation, and the derived titles void ab initio and holding prescription did not run. The Court of Appeals reversed on April 29, 1996, applying ...(Subscriber-Only)
Issues:
- Did petitioners’ action for reconveyance prescribe?
- Did the fraudulent affidavit of adjudication and donation create a constructive (implied) trust entitling petitioners to reconveyance?
- Could Rafael Marquez, Sr., as trustee of his deceased wife's share, validly donate that portion, and could he validly donate his own half?
- Are petitioners entitled to mo...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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