G.R. No. 108547 - Vda. de Cabrera vs. Court of Appeals

In 1941, Domingo Teokemian died, leaving an unregistered parcel in Cateel, Davao Oriental, to his three children: Daniel, Albertana, and Felicidad Teokemian.
On January 16, 1950, Daniel and Albertana Teokemian executed a Deed of Sale over the entire parcel to Andres Orais; Felicidad’s name was printed but she did not sign, so her one-third share was not validly conveyed.

On January 26, 1950, the land was surveyed as Lot 2239 (PLS-287), 11.1000 hectares, in the name of Virgilia Orais (daughter of Andres).
On June 24, 1957, Free Patent No. V-79089 and Original Certificate of Title No. P-10908 were issued to Virgilia Orais.

On July 27, 1972, Albertana Teokemian sold “one half portion” of Lot 2239 (55,510 sqm) to Elano Cabrera (husband of Felicidad Cabrera), purporting to convey Felicidad’s one-third undivided share; the Cabreras took possession of the western portion.
From 1974 onward, Virgilia’s brothers confronted the Cabreras about encroachment, but no legal action followed until February 11, 1988.

On February 11, 1988, Virgilia Orais (plaintiff) filed Civil Case No. 379 for quieting of title, damages, and injunction; amended June 22, 1988 to include Felicidad Teokemian as defendant.
On April 27, 1989, the RTC (Branch 7, Baganga) ruled for the Cabreras, ordering reconveyance to them and awarding attorney’s fees, holding plaintiff barred by laches.
On January 7, 1993, the Court of Appeals reversed: it upheld the Torrens registration despite the fraud on Felicidad’s share, held the Cabreras’ reconveyance claim prescribed and laches inapplicable, and ordered them to vacate.

Whether the plaintiff’s action for quieting of title (recovery of ownership and possession) is barred by laches due to her delay in asserting rights over the one-third portion.
Whether the defendants’ reconveyance claim based on an implied trust is barred by prescription.
Whether the 1972 Deed of Absolute Sale by Albertana, without Felicidad’s signature or consent, validly transferred any title to the Cabreras.
Whether, under Civil Code Articles 493 and 494, a co-owner’s sale of an undivided share affects only that share and whether prescription may run against a co-owner.