Julio L. Falcone and Makilito B. Mahinay For Petitioners. Adelino B. Sitoy For Private Respondent

LTD: land registration
G.R. No. 71110 November 22, 1988

PAZ VILLAGONZALO, ESTELA VILLAGONZALO, AIDA
VILLAGONZALO, HERMINIA VILLAGONZALO,
GWENDOLYN VILLAGONZALO, JENSINE VILLAGONZALO
and LEONILA VILLAGONZALO, petitioners,
vs.
INTERMEDIATE APPELLATE COURT and CECILIA A.
VILLAGONZALO, respondents.
Julio L. Falcone and Makilito B. Mahinay for petitioners.
Adelino B. Sitoy for private respondent.
REGALADO, J.:
From a decision rendered in favor of herein petitioners, as
plaintiffs, against herein private respondent, as defendant, in
an action for reconveyance in the then Court of First Instance
of Leyte, 1 which reads:
Wherefore, decision is hereby rendered in
favor of the plaintiffs and against defendant
declaring Lot No. 7429 of the Ormoc
Cadastre, situated at Bo. Dolores, Ormoc
City, with an area of 97,213 square meters,
more or less, as the conjugal property of the
deceased spouses, Juan Villagonzalo and
Felicisima Abella Villagonzalo hereby
ordering the cancellation of Transfer
Certificate of Title No. 4259 in the name of
Cecilia A. Villagonzalo and ordering the
Register of Deeds of Ormoc City to issue
another Transfer Certificate of Title in the
name of spouses Juan C. Villagonzalo and
Felicisima A. Villagonzalo, Filipinos, of legal
age, residents of Cebu City now deceased
and survived by the present plaintiffs and
defendants, each of whom upon payment of
the inheritance taxes with the BIR, shall be
entitled to 1/9 share of the land, subject to
claims by other heirs and creditors within a
period of two (2) years as provided for by the
Rules of Court, and further ordering the
partition of the said land within a period of
ninety (90) days from the finality of this
decision and if the parties cannot agree on
the partition this Court may appoint a
commissioner to partition the same without
pronouncement as to costs. 2
therein defendant appealed to the former Intermediate
Appellate Court which, in a decision 3 of the Second Civil
Cases Division in AC-G.R. No. 65128, reversed the appealed
judgment and dismissed the complaint for reconveyance.
As found by the respondent Court

The facts in this regard show that on
February 22, 1961, Juan C. Villagonzalo, the
predecessor-in-interest of the parties,
purchased Lot No. 7429 of the Ormoc
Cadastre, situated at Barrio Dolores,
Municipality of Ormoc, containing an area of
97,213 sq. meters covered by Transfer
Certificate of Title No. 24611 of the Register
of Deeds of Ormoc City, from the Heirs of
Roman Matuguina for Pl,500.00 (Exhibits A
and 6, Folder of Exhibits, pp. 1, 15). It was
made to appear however that the sale was in
the name of his daughter, defendant Cecilia
Villagonzalo, who was single, since he
borrowed from her the sum of P500.00 to
complete the full payment of the price of the
lot. Consequently, TCT No. 4259 was issued
in the name of defendant Cecilia A.
Villagonzalo as the registered owner (Exhibit
5, Ibid., p. 15) on July 18, 1962. The
complaint was filed on April 2, 1975 thirteen
(13) years after the issuance of Transfer
Certificate of Title No. 4259 on the subject
land in the name of the defendant Cecilia
Villagonzalo. 4
On such factual moorings, the respondent court, now the Court
of Appeals, held that the right of action of therein plaintiffsappellees, petitioners herein, had prescribed for the reasons
that follow. 5
It ratiocinated that when private respondent obtained Transfer
Certificate of Title No. 4259 in her name she thereby excluded
herein petitioners from the estate of their deceased
predecessor-in-interest and, consequently, she set up a title to
the land adverse to them. The registration of the deed of sale
with the Register of Deeds, so it opined, was constructive
notice to the whole world of defendant's adverse claim to the
property, thereby repudiating any fiduciary or trust relationship
involved. It anchored its conclusion on doctrinal holdings that
an action for reconveyance based on an implied or
constructive trust prescribes in ten years counted from the date
when adverse title is asserted by the possessor of the property.
Prescinding therefrom into the field of laches, respondent court
further noted that because of the neglect and inaction of the
present petitioners, the private respondent was thereby made
to feel secure in her belief that she had rightly acquired the
controverted land and that no legal action would be filed
against her. She was thus induced to spend time, money and
effort for the cultivation of the land and the payment of the
taxes thereon. It then further rested its conclusion on the
established principle that inaction and neglect of a party to
assert a right can convert what could otherwise be a valid
claim into a stale demand.
Petitioners have come before Us contending that their action

was seasonably filed because private respondent's registration
of the land in her name was not a repudiation of the implied
trust created between her and their father; and, confusing
extinctive for aquisitive prescription, that good faith and just
title are essential requisites in this case.
There is also evidence of record that as far back as 1961,

private respondent refused to give any share in the produce of
the land to petitioners; that in 1963 she mortgaged the property
in her own name; and that in 1969, she leased the same to one
Ramon Valera, without the petitioners taking preventive or
retaliatory legal action. 11
The respondent court is correct and certiorari must be denied.
The rule in this jurisdiction is that an action to enforce an

implied trust may be barred not only by prescription but also by
laches, in which case repudiation is not even
required. 12 Whether the trust is resulting or constructive, its
enforcement may be barred by laches. 13 Petitioners were,
therefore, correctly faulted for their unjustified inaction.
It is now well settled that an action for reconveyance of real

property to enforce an implied trust shall prescribe after ten
years, 6 since it is an action based upon an obligation created
by law, 7 and there can be no doubt as to its prescriptibility. 8
It is likewise established that said period of ten years is
counted from the date adverse title to the property is asserted
by the possessor thereof. In the case at bar, that assertion of
adverse title, which consequently was a repudiation of the
implied trust for the purpose of the statute of limitations, took
place when Transfer Certificate of Title No. 4259 was issued in
the name of private respondent on July 18, 1962. As succinctly
but pithily resolved inVda. de Pama vs. Pama, et al.: 9
... Considering the settled doctrine that an
action for reconveyance of real property
based upon constructive or implied trust
prescribes in ten (10) years counted from the
date adverse title is asserted by the
possessor of the property (Diaz vs. Gorricho,
103 Phil. 261; Candelaria vs. Romero, 109
Phil. 100; J. M. Tuazon vs. Magdangal, 114
Phil. 42); that when respondent Guillermo
Pama caused the registration on June 18,
1956 of the affidavit of adjudication declaring
himself to be the sole heir of the late Mateo
Pama and obtained Transfer Certificate of
Title No. T-4006 in his own name, he thereby
excluded petitioners from the estate of the
deceased Mateo Pama and, consequently,
set up a title adverse to them; that such
registration constitutes constructive notice to
petitioners of the respondent's adverse claim
to the property (Carantes vs. Court of
Appeals, 76 SCRA 514, 523; Gerona vs. de
Guzman, 11 SCRA 153, 157); and it
appearing that petitioners filed their
complaint for reconveyance only on April 28,
1969, or twelve (12) years, ten (10) months
and ten (10) days after their cause of action
had accrued on June 18, 1956; this Court
resolved to dismiss this petition and to affirm
the questioned order dismissing petitioner's
complaint ... 10
WHEREFORE, the judgment of the respondent Court is hereby

AFFIRMED.
SO ORDERED.
Melencio-Herrera (Chairperson), Paras, Padilla and
Sarmiento, JJ., concur.
Footnotes
1 Fifth Branch; Civil Case No. 1409-0.
2 Rollo,11-12.
3 Penned by Crisolito Pascual, J., with whom
concurred Serafin E. Camilon and Desiderio
P. Jurado, JJ.
4 Rollo, 12-13.
5 Rollo, Ibid.
6 Cuaycong, et al. vs. Cuaycong, et al., 21
SCRA 1193 (1967). See also Buencamino,
et al. vs. Matias, et al., 16 SCRA 849 (1966);
Araneta vs. Perez, et al., 17 SCRA 643
(1966); Pascual, et al., vs. Meneses, et al.,
20 SCRA 219 (1967); Julio vs. Dalandan, 21
SCRA 543 (1967); Fabian, et al., vs. Fabian,
et al., 22 SCRA 231 (1968); Escay, et al., vs.
Court of Appeals, et al., 61 SCRA 369
(1974).
7 Art. 1144 (2), Civil Code.
8 Ramos, et al. vs. Ramos, et al., 61 SCRA
284 (1974).
9 124 SCRA 377 (1983).
10 See also Duque, et al. vs. Domingo, et

al., 80 SCRA 654 (1977).
12 Perez vs. Ong Chua, 116 SCRA 732

(1982).
11 Brief for Private Respondent, Rollo, 101102.
13 Ramos, et al. Ramos, et al., supra, citing

90 C.J.S. 887-889; 54 Am. Jur. 449-450.

Julio L. Falcone and Makilito B. Mahinay For Petitioners. Adelino B. Sitoy For Private Respondent

Uploaded by

Copyright:

Available Formats

Julio L. Falcone and Makilito B. Mahinay For Petitioners. Adelino B. Sitoy For Private Respondent

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Julio L. Falcone and Makilito B. Mahinay For Petitioners. Adelino B. Sitoy For Private Respondent

Uploaded by

Copyright:

Available Formats

LTD: land registration

G.R. No. 71110 November 22, 1988

As found by the respondent Court

Petitioners have come before Us contending that their action

There is also evidence of record that as far back as 1961,

The respondent court is correct and certiorari must be denied.

The rule in this jurisdiction is that an action to enforce an

It is now well settled that an action for reconveyance of real

WHEREFORE, the judgment of the respondent Court is hereby

10 See also Duque, et al. vs. Domingo, et

12 Perez vs. Ong Chua, 116 SCRA 732

11 Brief for Private Respondent, Rollo, 101102.

13 Ramos, et al. Ramos, et al., supra, citing

You might also like