This case has been cited 1 times or more.
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2008-12-10 |
CARPIO MORALES, J. |
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| Petitioner elevated the case to the Court of Appeals, contending that the nature of her complaint was one for annulment of void contracts, hence, imprescriptible; that laches does not apply, following Palmera v. Civil Service Commission[7] which held that "x x x where a defendant or those claiming under him recognized or directly or impliedly acknowledged the existence of the right asserted by a plaintiff, such recognition may be invoked as a valid excuse for plaintiff's delay in seeking to enforce such right"; that, contrary to the trial court's ruling, her cause of action had not prescribed, as "an action to compel the trustee to convey the property registered in his name for the benefit of the cestui que trust does not prescribe"; and that the prescriptive period commences to run only when the trustee repudiates the trust through unequivocal acts made known to the cestui que trust --- an element not satisfactorily shown in the instant case. | |||||