Title
Ignacia Gerona vs. De Guzman
Case
G.R. No. L-19060
Decision Date
May 29, 1964
Petitioners sought nullification of a fraudulent deed and reconveyance of their inheritance share, but the Supreme Court ruled their action was time-barred due to constructive notice from the 1948 registration.
A

Case Summary (G.R. No. L-19060)

Factual Background

Petitioners alleged that they were the legitimate children of Domingo Gerona and Placida de Guzman, and that Placida was a legitimate daughter of Marcelo de Guzman by his first wife, Teodora de la Cruz. After Teodora's death, Marcelo married Camila Ramos and fathered several children, who are the respondents. Marcelo died on September 11, 1945. On May 6, 1948, respondents executed an instrument styled an “extra-judicial settlement of the estate of the deceased Marcelo de Guzman,” representing themselves as the sole heirs and causing the cancellation of original transfer certificates of title and the issuance of new transfer certificates of title in the respondents’ names, each shown as owning a one-seventh interest in seven parcels. Petitioners averred that respondents thereby deprived them of an undivided one-eighth share in the properties, that the alleged fraud was discovered only shortly before institution of the action, and that respondents refused demands for reconveyance.

Trial Court Proceedings

Petitioners filed a complaint in the Court of First Instance of Bulacan seeking annulment of the extrajudicial settlement insofar as it excluded them, reconveyance of their one-eighth share, cancellation of respondents’ transfer certificates of title and issuance of new certificates reflecting petitioners’ shares, accounting of income, damages and attorney’s fees. Respondents answered by denying petitioners’ right as heirs on the ground that Placida was a spurious child and by pleading the bar of the statute of limitations. The trial court found that Placida was a legitimate child of Marcelo by his first marriage, that the disputed properties belonged to the conjugal partnership of Marcelo and his second wife Camila, and that petitioners’ action had prescribed; accordingly, the trial court dismissed the complaint without costs.

Court of Appeals Ruling

On appeal by petitioners, the Court of Appeals affirmed the judgment of the trial court and imposed costs against petitioners.

Issues Presented

The principal issues included whether an action for partition or reconveyance among co-heirs is barred by the statute of limitations when the defendants hold under an allegedly adverse title; whether the four-year prescriptive period applicable to actions seeking annulment of instruments for fraud begins to run only upon actual discovery of the fraud; and whether petitioners’ cause of action was timely given the dates of majority and minority of the individual petitioners.

Parties’ Contentions

Petitioners contended that as co-heirs they were not subject to prescription in a partition action, or, alternatively, that if the action were subject to prescription the four-year period began to run only from the date of actual discovery of respondents’ alleged fraud in 1956 or 1957, so that their suit filed in 1958 remained timely. Respondents maintained that Placida was a spurious child and denied petitioners’ heirship, and asserted that petitioners’ action was barred by the statute of limitations.

Supreme Court Ruling

The Supreme Court affirmed the judgment of the Court of Appeals, thus upholding dismissal of the complaint on prescription grounds, and directed that costs be taxed against petitioners.

Legal Basis and Reasoning

The Court observed that while, as a general rule, an action for partition among co-heirs does not prescribe, that rule applies only when defendants do not hold the property under an adverse title. The statute of limitations begins to run when the possessor asserts an adverse title. The respondents’ execution and registration of the extrajudicial settlement and their acquisition of new transfer certificates of title in their own names constituted an assertion of adverse title that excluded the petitioners from the estate. In effect, respondents set up a title hostile to petitioners and thereby started the running of the prescriptive period. The Court relied on prior authorities to the same effect, including Cordova vs. Cordova, L-9936, January 14, 1948, and the principle that registration of an instrument in the Registry of Deeds imparts constructive notice to the world.

Application of the Statute of Limitations to Fraud and Constructive Trust Remedies

The Court recognized that an action for reconveyance grounded on a constructive trust or fraud may be barred by prescription and that actions to annul instruments for fraud must be brought within four years from discovery of the fraud. The Court deemed that petitioners had constructive discovery of the alleged fraud on June 25, 1948, the date when the extrajudicial settlement was registered and the new transfer certificates of title were issued; registration constituted constructive notice. The Court noted contrary decisions but adopted the view that actions based on constructive or implied trusts may prescribe (citing Candelaria vs. Romero, L-12149, September 30, 1960, and Alzona vs. Capunita, L-10220, February 28, 1962), and that discovery for prescriptive purposes may be imputed by registration (citing Diaz v

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