DELIMA V. CA- Repudiation of Co-ownership

Category: Property, Ownership and Its Modifications

DELIMA V. CA- Repudiation of Co-ownership

Cancellation of old title and issuance of new one constituted an open and clear repudiation of the trust or co-ownership which would start the running of prescription.

FACTS:

This case is another story of sibling war over a Friar Land Estate inherited from their parent who had acquired said land from the Government. When the parents died, Respondent Galileo allegedly paid the remaining balance of the purchase price, and the estate tax. Later on, he executed an affidavit declaring himself as sole owner and acquired TCT over it. 10 years after the TCT was issued, the other heirs instituted this action for reconveyance claiming their part as co-owners.

ISSUE:

Whether or not the other heirs are still entitled to the land or are they barred by prescription.

RULING:

The other heirs are barred by prescription. How did this happen? Galileo was able to prove the 4 requirements: (1) clear and convincing evidence of repudiation (2) made known to the other owners (3) adverse possession and open repudiation (4) for over 10 years.

What is important in this case is that the Court ruled that registration of the land would be sufficient compliance with the notice requirement above.