This case has been cited 2 times or more.
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2014-11-26 |
PEREZ, J. |
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| In a catena of decisions,[21] the Supreme Court had repeatedly held that no individual can claim title to a definite or concrete portion before partition of co-owned property. Each co-owner only possesses a right to sell or alienate his ideal share after partition. However, in case he disposes his share before partition, such disposition does not make the sale or alienation null and void. What will be affected on the sale is only his proportionate share, subject to the results of the partition. The co-owners who did not give their consent to the sale stand to be unaffected by the alienation.[22] | |||||
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2009-01-15 |
CARPIO, J. |
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| To repeat, an action for reconveyance based on an implied or constructive trust prescribes in 10 years from the issuance of the Torrens title over the property, which operates as a constructive notice to the whole world.[18] The title over the subject land was registered in Rementizo's name in 1987 while Madarieta filed the complaint to recover the subject lot only in 1998. More than 11 years had lapsed before Madarieta instituted the action for annulment of EP No. A-028390-H, which in essence is an action for reconveyance. Therefore, the complaint was clearly barred by prescription. | |||||